In re the Construction of the Will of Gahan

For many years the testator and his wife lived apart. Matrimonial litigation between them in 1926 was inconclusive in its effect. In 1947 the testator executed a will which provided in respect of the wife: “ I give, devise and bequeath to my wife, Anna Gahan, should she survive me, that portion of my estate to which she is entitled under the laws of the State of New York ”.

In a proceeding to construe this sentence, the Surrogate has determined that it was the intention of the testator to provide for his wife as in intestacy, and that it was not his intention to require her to elect against…