Sheldrake Estate

Opinion by

Mr. Chief Justice Bell,

Charles K. Sheldrake died testate November 8, 1959, possessed of an estate of over a million dollars. His will, dated August 14, 1959, was probated November 17, 1959. Testator created a trust which provided, inter alia, for a specific percentage of the net income to be paid to his widow, a specific percentage to his son and a specific percentage to his brother. Sheldrake’s widow elected to take against the will, thereby raising the question of who should receive the share of the trust income which had been willed to her.

Although the decedent died in November,…