In re the Estate of Nelson

OPINION OF THE COURT

Evans V. Brewster, S.

The executors of decedent’s estate have petitioned the court to determine the validity and effect of an election made by testatrix’ surviving husband to take an elective share against the provisions of testatrix’ will.

Testatrix died on June 25, 1975, survived by her husband and two children, who are adults. Her will, dated March 13, 1972 was admitted to probate on July 31, 1975.

The dispositive portions of the will are not complicated. There are no preresiduary bequests. Paragraph first sets forth the usual directions to pay debts, funeral and…