In re the Estate of Herbstman 51 A.D.2d 725

In a proceeding to determine the validity of petitioner’s exercise of her right of election, the appeal is from a decree of the Surrogate’s Court, Kings County, dated April 17, 1975, which, inter alia, held (1) that petitioner had not waived her right of election and (2) that she is entitled to one half of the net estate. Decree affirmed, with costs payable out of the estate, on the opinion of Acting Surrogate Ventiera. Latham, Acting P. J., Margett, Christ, Shapiro and Titone, JJ., concur.