Order reversed, on the law and the facts, with costs to appellant payable out of the estate, and appellant's right of election is determined to be valid.
The record does not support the finding of the Surrogate that the testimony of the witnesses for Earlene appeared to be rehearsed and therefore unworthy of belief. The evidence adduced supports the conclusion that the Wilsons were not physically separated at the time the separation agreement was executed; nor did...
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