In re the Estate of Collins

Taylor, S.

This case has been before this court before (156 Misc. 783), and the conclusion reached was adverse to the then argument of present moving party that the surviving spouse, even though he filed a notice of election to take against the will (Dec. Est. Law, § 18), nevertheless took under the will because under that statute he must accept, at least in part, the trust created for him, thus bringing into play the equitable doctrine of Beetson v. Stoops (186 N. Y. 456). The objectant could take that position only upon the assumption that the deed to the decedent and her husband, as tenants…