April 18, 1977 James W. Richards for petitioner. Faraci, Guadagnino, Lange Wishman (David A. Johns of counsel), for Mildred Granchelli. MICHAEL A. TELESCA, J. This is a proceeding to determine the validity of a right of election filed by the testator's wife pursuant to EPTL 5-1.1. The representatives of the estate contend that the wife is barred under EPTL 5-1.2 (subd [a], par [4]) by reason of the existence of a final decree of separation against the wife. The decedent and Mildred Granchelli were
October 26, 1970 Appeal from a decree of the Surrogate's Court of Broome County, entered December 22, 1969, which granted respondent the right to elect against the will of his deceased wife. Respondent and decedent were married on March 14, 1922, and lived together for over 40 years prior to decedent's death. Decedent executed a will on April 15, 1955, which specifically stated that she made no provision for her husband because he had a sufficient estate of his own. On September 5, 1956 decedent