In re the Estate of Trubenbach

Joseph A. Cox, S.

This proceeding- was instituted by the executors to determine the legal effect and validity of the right of election exercised by the testator’s widow pursuant to the provisions of section 18 of the Decedent Estate Law. The testator died on June 30,1961 leaving a last will and testament dated December 30, 1960, which was duly admitted to probate in this court on August 9,1961. The testator’s sole distributees are his widow, the respondent in this proceeding, and two infant *319grandchildren who are the issue of a daughter who predeceased him.

In articles third and fourth of his…