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MATTER OF WILSON

50 N.Y.2d 59 (1980)

In the Matter of The Estate of Robert J. Wilson, Deceased. Osceola S. Turner, Appellant; Earlene Wilson, Respondent.

Court of Appeals of the State of New York.

Decided April 3, 1980.

Attorney(s) appearing for the Case

Stanley Hyman and Marvin Hyman for appellant.

Philip B. Matthews for respondent.

Judges JASEN, JONES and WACHTLER concur with Judge FUCHSBERG; Judge GABRIELLI concurs in a separate opinion in which Chief Judge COOKE and Judge MEYER concur.

FUCHSBERG, J.

This proceeding was brought pursuant to SCPA 1421 to test the validity of a widow's election to take a share against the provisions of her husband's will as provided by EPTL 5-1.1. The controversy centered on the enforceability of a waiver of the wife's right to elect incorporated in a separation agreement executed by the spouses. A dependent question, conditioned on a finding that the separation...

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