In re the Estate of Hyman

John D. Bennett, S.

This proceeding is brought to determine the validity and effect of the widow’s election to take against the provisions of the will (Surrogate’s Ct. Act, § 145-a; Decedent Estate Law, § 18).

The will leaves to the widow all personal and household effects and places one half of the residuary in trust for her benefit and the remaining one half in a separate trust for the testator’s infant daughter. Upon the widow’s death her trust fund follows the devolution provided for by the trust for the daughter.

Under section 18 of the Decedent Estate Law, a surviving spouse may elect…