In re the Estate of Bernanke

Joseph A. Cox, S.

In this proceeding for the judicial settlement of the account of executors, the testator’s widow objects to the failure of the accountants to set apart exempt property in compliance with section 200 of the Surrogate’s Court Act. The will provides a trust of one half of the estate for the benefit of the widow and also bequeaths to her a legacy of $5,000 to be paid out of the principal of her trust. A portion of the will reads as follows: “ The foregoing provisions in favor of my wife are in lieu of all claims which she may have as my surviving spouse by way of an election to…