Majority
p. 940In the Matter of the Estate of Elies Kaplan, Deceased. Joseph Kaplan et al., as Executors of Elies Kaplan, Deceased, et al., Respondents; Freda Kaplan, Appellant.
Decree of the Kings County Surrogate’s Court determining that a notice of election filed by the appellant, as the surviving spouse of Elies Kaplan, deceased, is of no effect, she having waived her right of election by executing an antenuptial agreement, and orders, insofar as appealed from, unanimously affirmed, with costs to all parties filing briefs, payable out of the estate. No opinion. Present — Hagarty, Acting P. J., Johnston, Adel, Aldrich and Nolan, JJ. [See post, p. 1024.]