This section contains the nature of the case and procedural background.

P married Herman Greiff in 1988 when they were 65 and 77 years of age. They entered into reciprocal prenuptial agreements in which each expressed a waiver of the statutory right of election against the estate of the other. Herman died three months after the marriage, leaving a will that made no provision for his surviving spouse. The entire estate went to Herman's children from a prior marriage. P filed a petition seeking a statutory elective share of the estate, The children of Herman (D) countered with the two prenuptial agreements which they claimed precluded P from exercising a right of election against her husband's estate. The Surrogate explicitly found that Herman 'was in a position of great influence and advantage' in his relationship with his wife-to-be and that he was able to subordinate her interests, to her prejudice and detriment. It determined that George 'exercised bad faith, unfair and inequitable dealings, undue influence and overreaching when he induced P to sign the proffered antenuptial agreements.' It noted that Herman 'selected and paid for' P's attorney. The Court invalidated the prenuptial agreements and granted a statutory elective share to P. The Appellate Division reversed, declaring that P had failed to establish that her execution of the prenuptial agreements was procured through fraud or overreaching. P appealed.

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