In re the Estate of Shupack

Savarese, S.

Irving Shupack died on the twenty-eighth day of October, 1953, survived by his widow and their two children. He left a will which was admitted to probate on November 24, 1953. Decedent’s widow thereafter commenced a proceeding to determine the validity of her notice to elect against the terms of the will and the executor instituted a proceeding to have the will construed. The proceedings were consolidated upon the consent of the interested parties.

The testamentary provisions for the widow appear to exceed the minimal statutory requirement in that she received an outright legacy of…