In re the Estate of McGrath

In a proceeding wherein an executor seeks to set aside a notice of election of a surviving husband to share in the estate of his deceased wife as in intestacy, and for a decree determining that the husband abandoned the deceased within the meaning of subdivision 4 of section 18 and subdivision (e) of section 87 of the Decedent Estate Law, decree of the Richmond County Surrogate’s Court denying application of the executor and adjudging that the husband is entitled to elect to take his share of the estate as in intestacy, reversed on the law, with costs to appellant, payable by the respondent,…