In re the Estate of Lowen

This is a proceeding by the widow of the decedent for a determination of her rights afforded under EPTL 5-1.1 to elect to take her elective share against the provisions of the decedent’s last will and testament.

Under paragraph ‘1 Fifth ’ ’ of the will the decedent provided as follows: “ If my wife, Ruth M. Lowen, shall survive me, then I hereby give, devise and bequeath unto my trustee hereinafter *191named, my dwelling house known as 119 Second Street, Garden City Park, Nassau County, New York, together with the sum of Ten Thousand ($10,000.00) Dollars in trust nevertheless for the following…