In re the Estate of Heede

Maximilian Moss, S.

The executor seeks a determination of the surviving spouse’s right of election against testator’s will. The testator bequeathed 25% of his estate to two sisters, and gave the residuary estate in trust. From the income and principal of the latter, he gave his wife $200 monthly for life; authorized principal invasions of $500 yearly for emergencies; and upon his wife’s death, a division of the remaining corpus was to be made equally among three named persons or the survivors. In addition, all of testator’s jewelry, clothing, household and personal effects were bequeathed to…