In re the Estate of Plimack

Nathan B. Sobel, S.

Although Mr. Plimack died in 1971, his will admitted to probate was executed in 1942. As a consequence, in making provision for his wife by trust for life rather than by outright disposition, Mr. Plimack (or his draftsman) did not have the benefit of the many court decisions and statutory amendments since 1942 governing the right of election. The widow raises issues that her elective share trust is “ inadequate ”, “illusory” and “potentially destructive” — all terms discussed, infra. These are contentions rarely made with respect to elective share trusts in current wills.…