King v. King

Motion by a receiver in sequestration to compel the executors of the estate of defendant’s father to pay over to her two fifths of the residuary estate of said decedent on the theory that his will provided for the purchase of an assignable annuity in favor of the defendant thereby giving him the right to elect to take the capital sum.

In view of the fact that no construction proceeding is pending in the Surrogate’s Court this court will not refuse to entertain jurisdiction of this application. (Ludwig v. Bungart, 48 App. Div. 613, 616.)

The controlling statute is section 47-b of the Decedent…