In re the Estate of Rice

Wingate, S.

The present will, against which the surviving spouse here applies to exercise a limited right of election pursuant to the provisions of paragraph (b) of subdivision 1 of section 18 of the Decedent Estate Law, erects the entire estate into a trust for the benefit of the wife with a direction that the fiduciaries “ pay out of the income of such investments and out of the principal, if necessary, the sum of Forty and 00 /100 ($40.00) per month to my wife, Mary Rice, as long as she shall survive me.”

The remainder, on the death of the wife, is payable, $2,000 to George Fox, and the…