In re the Estate of Clark

Williams, J. (dissenting).

The question in this ease is whether an absolute election has been defeated by a trust which in form complies with the requirements of section 18 (subd. 1, par. [d]) of the Decedent Estate Law, but is composed of stock which is presently nonproductive of income. The Surrogate, by section 18 (subd. 1, par. [h]), is. vested with a general supervisory power to make such “ direction consistent with the provisions and purposes of this section as the court may deem necessary for the protection of the surviving spouse.” The surviving spouse is thus amply protected and, at…