In re the Accounting of Di Giacomo

Charles H. Griffiths, S.

Pursuant to a duly executed stipulation filed in this court on December 16, 1952, the sole issue presented at this time is the validity and effect of the widow’s right of election. The notice of election with proofs of service upon the executor was filed in this court on June 21, 1951.

The testator devised and bequeathed his entire estate to trustees and directed that one third of the net income of said trust be paid to his widow during her lifetime; the remaining two thirds of the income is payable to the children of the decedent and his widow. Upon the death of…