Matter of Estate of Epstein

VOGEL, Judge.

Rae Epstein died on September 7, 1994, survived by her husband of fifteen years, Samuel, and a son, Edward, from a previous marriage. During the administration of Rae’s estate, several issues arose which were tried in a declaratory judgment action. Edward appeals and Samuel cross-appeals: Edward contends: 1) Samuel elected to take under the will; 2) the residence was held as tenants in common; 3) the automobile and diamond ring were not assets of the estate; and 4) Samuel should not have been given a spousal allowance. Samuel contends his spousal allowance should have been…