Appellate Division of the Supreme Court of the State of New York February 12, 1970 (In re the Estate of Fuller)

Order unanimously reversed, without costs, and petition dismissed. Memorandum: The question raised on appeal is whether EPTL 5-1.1 (subd. [d], par. [3]) authorizes a guardian ad litem of a surviving spouse under a disability to make an election against the will on her behalf. Such authority cannot be found in the statute. EPTL 5-1.1 (subd.