In re the Estate of Byrnes

Foley, S.

In this accounting proceeding questions have arisen as to the effect upon the terms of the will of the withdrawal by the . widow of the testator of her elective share under section 18 of the Decedent Estate Law. In a previous special proceeding I held that the terms of the will did not sufficiently comply with the statute so as to prevent the election by the widow. It was decided that she was entitled to take her statutory share. That determination was affirmed by the Appellate Division and by the Court of Appeals (141 Misc. 346; affd., 235 App. Div. 782; affd., 260 N. Y. 465).

The…