In re the Estate of Apple

Foley, S.

In this proceeding the surviving husband seeks to have determined his interest in the estate under the new form of section 17 of the Decedent Estate Law, which forbids, in certain cases, the bequest of more than one-half of the estate to charity. Incidental to the determination there is involved the effect of Ms right of election to take against the terms of the will under the recent enactment of section 18 of the Decedent Estate Law. These *382changes became law upon the recommendation of the Decedent Estate Commission and went into effect upon September 1, 1930.

The testatrix died on…