In re the Estate of Arlin

OPINION OF THE COURT

C. Raymond Radican, J.

In this proceeding to determine the validity and effect of a notice to elect against the will, the primary issue is whether the article third bequest validly provides a minimum elective share in trust for the surviving spouse or entitles her to her elective share outright because it is prohibitively conditioned upon her being entitled to a share of the estate.

Article third provides in part: “If my wife, Blanche, survives me and at the time of my death is entitled by law to a share of my estate, I give and bequeath to my trustees such part of my estate…