In re the Estate of Scheubel

John D. Bennett, S.

This is a proceeding in which the widow seeks a construction of paragraph Third of the will, which reads: “ I give and bequeath to my wife euxth thoenicke schetjbel presently residing at 122 Driscoll Avenue, Rockville Centre, New York, from whom I am now and have been living separate and apart pursuant to a judgment of separation, such part of my estate as she shall be entitled to have by virtue of the law of the State of New York.”

The question presented is whether the widow receives a one-half interest in the estate under the laws of intestacy, there being only one child…