In re the Estate of Schwartzkopf

Rubenstein, S.

This proceeding was instituted by the widow of the decedent under section 145-a of the Surrogate’s Court Act. Her right to elect to take against the will has been sustained by prior decision.* Upon the entry of a decree thereon the petitioner seeks both costs and an allowance under section 278 of the Surrogate’s Court Act, claiming that the proceeding involved construction of the will.

The right of the petitioner to elect depended entirely upon the adequacy of the trust created for her benefit by the will. The court found, and it was patent upon examination of the will, that all…