N.Y. Estates, Powers & Trusts Law § 5-1.3: Revocatory effect of marriage after execution of will

§ 5-1.3 Revocatory effect of marriage after execution of will

(a) If the testator leaves a will executed prior to September first,

nineteen hundred thirty and marries at any time after such will was

executed, the spouse who survives such testator is entitled to succeed

to the same portion of the testator's estate as would have passed to

such spouse had the testator died intestate, unless provision was made

for the surviving spouse by ante nuptial agreement in writing. No

evidence shall be admissible to impair or defeat the rights of a

surviving spouse hereunder except to establish the existence of such

ante nuptial agreement.

(b) A surviving spouse may recover the portion of the testator's

estate to which he is entitled under this section from the

beneficiaries, ratably, out of the portions of the estate passing to

such persons under the will. In abating the interests of the

beneficiaries the character of the testamentary plan adopted by the

testator shall be preserved to the maximum extent possible.

(c) A surviving spouse may waive his right under this section to an

intestate share of the testator's estate, and may accept in lieu thereof

any benefits he may have received, in whatever status, under the will.