In re the Estate of Byrnes

Foley, S.

This proceeding is a novel one because it arises out of the recent change in our inheritance laws which gives the surviving wife the right, in certain cases, to elect to take a share of the deceased husband’s estate as against the terms of his will. This new right of election was created by section 18 of the Decedent Estate Law, which was added to that statute by chapter 229 of the Laws of 1929. There was also enacted new section 145-a of the Surrogate’s Court Act which created a method of procedure by which controversies arising over the right of election might be determined by the…