In re Gatov

Maximilian Moss, S.

The executors seek a determination as to the validity and effect of the notice of election served and filed by the surviving spouse to take against testator’s will. The will, dated August 1, 1960, was admitted to probate on January 24,1961.

By paragraph “third”, testator bequeathed 35% of his estate to his wife with the direction that she “ devote and contribute one-third ” thereof to certain charities. The will contains no other provision for testator’s wife. The remainder of the estate is to be divided among named legatees in specified percentages.

There were no children…