In re the Estate of Sturmer

The cross appeals from the decree of the Surrogate’s Court bring up for consideration and determination four questions viz.: (1) the right of the surviving widow to elect to take against the will; (2) the ownership of certain real property; (3) the ownership of certain bank accounts, and (4) the ownership of several United States Bonds, Series E.

Taking these questions up in order, we are first called upon to say whether the surviving widow may elect to take her intestate share pursuant to section 18 of the Decedent Estate Law. Since there is no controversy as to the fact that she is the…