In re the Estate of McCann

Rogan, S.

On this accounting proceeding the court is asked to determine the rights of John P. McCann, the surviving spouse of testatrix, who has filed in this court a notice of election under section 18 of the Decedent Estate Law. The facts so far as material are as follows:

Margaret M. McCann, the testatrix, died in the city of Albany, N. Y., on January 11, 1933. Her will dated January 10, 1933, was admitted to probate in this court on April 10, 1933, and letters testamentary thereon issued to Ella F. Shanahan, a sister of testatrix. Her husband is not mentioned in the document admitted to…