Estate of Silver

Opinion

KLEIN, P. J.

This is an appeal from an order construing the trust established by the will of Isidor Silver (Decedent) holding that on the death of his surviving spouse (Helen) the trust’s assets were to pass to Helen’s estate by intestacy and not by Decedent’s will.

Against a number of contentions including claims that Helen signed a waiver and thereby made a binding election, and that the will should be given effect in accordance with the Decedent’s intent, for reasons hereinafter discussed we affirm the judgment.

Procedural and Factual Background

Decedent and Helen were married in 1924…