In re the Accounting of Dugoff

Richardson, S.

This is a motion for an order permitting testator’s widow to file, nunc pro tune, in the office of the clerk of this court, her notice of election against testator’s will.

Letters testamentary were issued to the executrix on September 8, 1949. The executrix filed her account on May 22, 1950. Schedule H of the account reads as follows: “ The widow, Julia Bornstein, served an election to take against the will pursuant to section 18 of -Decedent. Estate Law and is entitled to 50% instead of 33% mentioned in the will. The Notice of Election was served on October 13, 1949.”

The special…