In re the Estate of Crary

Appeal from a decree of the Surrogate’s Court of St. Lawrence County upon petition for a judicial settlement, which, among other things, denied a motion by appellant to dismiss the election of respondent, as surviving spouse, to take an intestate share of the net estate of the decedent against the provisions of her will. Earlier the Surrogate had relieved respondent from his default in failing to file a notice of election (Decedent Estate Law, § 18). Ho appeal was taken from that order, and respondent urges here that it was a final order and not an intermediate order susceptible to review…