In re the Estate of Altman

Delehanty, S.

The widow of deceased, now seventy-three years of age, seeks in this proceeding to have determined her right now to file an election to take against the will of deceased. The will is dated June 15, 1934. The codicil thereto is dated July 16, 1935. Objections to probate have been filed, a jury trial has been demanded, and in accordance with the usual practice of the court the probate cannot be completed for several months.

Petitioner in May, 1936, offered for filing a paper which is in form an election to take against the will. Its receipt was refused and the application here is…