In re the Estate of Marri

John D. Bennett, S.

The decedent’s widow commenced a proceeding pursuant to section 201 of the Surrogate’s Court Act (now SCPA 2102) to have the executors set apart and turn over to her what she claims to be exempt property.

The attorneys for the respective parties have submitted an agreed statement of facts. They have agreed that on September 26, 1966, the date of the decedent’s death, he had an accident while operating an automobile having a value of less than $3,000, and which was demolished as a result of the accident.

The decedent was taken to the hospital where he was pronounced dead on…