Tom and Mary execute a separation agreement on February 17, 1998, in which they mutually release all rights (dower, curtesy, election, etc.) in each other’s estate. They ceased living together on February 2, 1998. 0n March 13, 1998, Tom moves out of the city. On the next day, he makes a long distance call to Mary in which he says, “This is ridiculous. Why don’t you come live with me?

You know I still love you.” Mary answers, “I guess you’re right, but if we are going to live together again, I want you to come back here.” Tom then says, “I’m sure we can work that out.” They agree to meet the next week to discuss it further.

Before they meet, Tom dies. Tom’s will makes no provision for Mary. Mary now seeks a forced share of his estate, electing against his will. What result? At the time of Tom’s death, he was still married to Mary.