In re the Estate of Scolpino

Bailey, S.

In this application the question presented for construction is as to whether the provision for the widow, contained in paragraph 2 of the last will and testament, is such a provision or settlement as is contemplated by section 35 of the Decedent Estate Law (as amd. by Laws of 1919, chap. 293), or whether the will is revoked as to the widow.

On July 13, 1923, the decedent made and executed his will, and in the 2d paragraph thereof bequeathed to Mary Bertavelli the sum of $1,000; at that time Mary Bertavelli was the wife of Dominick Bertavelli. Dominick Bertavelli died on June 23,…