In re the Estate of Lunney

W. Newcomb Calyer, S.

This proceeding was instituted to determine whether the decedent’s widow, Minnie B. Lunney, had a right to exercise her election to take against the will, under the provisions of section 18 of the Decedent Estate Law.

Paragraph “ ninth ” of the will created a residuary trust, from which one half of the net income was to be paid to the widow during her lifetime, the other half of the income being given to the testator’s son, until he shall reach 50 years of age. The trustee was given the right, in its sole discretion, to expend any part of the principal for the benefit of…