In re the Estate of Benin

In a proceeding to construe and determine the validity and effect of certain provisions of the testator’s will, and to validate her notice of election to take against the will, petitioner appeals from a decree of the Surrogate's Court, Kings County, dated August 6, 1968, which adjudged that the will gave her the portion specified in section 18 of the Decedent Estate Law (now EPTL 5-1.1, subd. [a]), that this gift was not conditional and that the notice of election was a nullity. Decree affirmed, with $10 costs and disbursements to all parties filing separate briefs, payable out of the estate.…