In re the Estate of Paskievitz

Foley, S.

The motion to strike out the objections filed on behalf of the widow is granted because of her failure to serve and file her notice of election within the requisite period of twelve months after the issuance of letters testamentary.

The sequence of events was — date of death December 13, 1942, letters testamentary issued on March 1, 1943. The maximum twelve months’ period for the exercise of the election would have expired on February 29, 1944. The first disclosure of an intention to elect was embodied in the objections filed to the account, which were served on July 21, 1944, and…