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MATTER OF LA DUE

5 A.D.2d 52 (1957)

In the Matter of The Estate of Mary C. La Due, Deceased. Henry W. Koch, as Committee of Arthur E. La Due, Appellant; Andrew L. Sipos, as Executor of Mary C. La Due, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 20, 1957.

Attorney(s) appearing for the Case

Paul Reed Taylor for appellant.

Andrew L. Sipos, respondent in person.

William McKeon for Edward C. La Due, respondent.

All concur, except WILLIAMS, J., who dissents and votes for affirmance, in a separate opinion. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.

KIMBALL, J.

The question presented is whether the surviving husband of the testatrix, Mary C. La Due, by virtue of the provisions of a separation agreement entered into on May 26, 1920, effectively waived or released all his rights in the estate of the said testatrix, pursuant to subdivision 9 of section 18 of the Decedent Estate Law. The surviving husband, being an adjudged incompetent, his claimed right of election...

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