In re the Estate of Tisnower

S. Samuel Di Falco, S.

The problem presented in this proceeding to determine the validity of the exercise by the widow of her right of election pursuant to the provisions of section 18 of the Decedent Estate Law arises by reason of the language contained in item 3 of the decedent’s will which reads as follows:

“ 3. If at the time of my death I am married to angela c. tisnoweb, I direct that such part of my estate as shall be equal to the amount the said angela c. tisnoweb would be entitled to receive under Section 18 of the Decedent Estate Law of the State of New York as it shall be in force at…