In re the Estate of Schlinger

Harry G. Herman, S.

In its prior decision, this court determined that a direction against the apportionment of income provided for by former section 204 of the Surrogate’s Court Act did not render the will vulnerable to a notice of election (see Matter of Schlinger, 48 Misc 2d 345).

There remains for determination the question as to whether a provision for payment of $2,500 outright to the surviving spouse of testator, together with a trust for her benefit in an amount equal to the “ excess between the aforesaid legacy of $2,500.00 and her intestate share in my estate ” is referable to the term…