The New York Law Journal has reported that newly appointed Kings County Surrogate John Ingram has barred the testimony of a widow in an action about whether or not she may exercise her spousal right of election in the matter of her late husband’s estate. Irving Berk, who died in 2006, left a five million dollar estate to his children and his grandchildren.
Mr. Berk’s caregiver, Hua Wang, has attempted to exercise the spousal right of election after having married the him secretly. Finding that the widow would be testifying about her relationship with her deceased husband while having a pecuniary interest in the outcome of her testimony, the court barred her from giving what would be a one-sided narrative. The issue as to whether the widow has forfeited her ability to exercise her right of election will be decided absent her testimony.