In re the Estate of Eisner

Christopher 0. McG-rath, S.

In this proceeding where the parties have stipulated all questions of fact to be set forth in the petition and the reply, the widow of the deceased asks the court to determine the validity and effect of her election under section 18 of the Decedent Estate Law. She also seeks a direction to the executors to set off to her the $1,000 exemption provided by subdivision 4 of section 200 of the Surrogate’s Court Act.

The executors and the special guardian of infant beneficiaries under the will resist the relief sought by the widow upon the ground that by an agreement in…