In re the Estate of Deffner

Witmer, S.

Testator’s widow filed a right of election under section 18 of the Decedent Estate Law claiming the right to take an intestate share in his estate as against his will of 1944, and thereafter she petitioned the court to require respondent administrator c. t. a. to set off to her the property of the testator which is normally exempt to a surviving spouse under section 200 of the Surrogate’s Court Act. Respondent answered and alleged that the widow is barred from the right to any of the estate assets under section 200 of the Surrogate’s Court Act and under section 18 of the Decedent…