In re the Estate of Buck

Delehanty, S.

On this executor’s accounting the parties interested in the problem agree upon a computation which discloses that to the extent of $8,432.93 the gifts to charity under the will of deceased exceed the limit permissible under section 17 of the Decedent Estate Law. The problem presented is whether that sum is presently payable to the widow, who is sole distributee of deceased. She asserts her right to immediate payment.

No detailed comment need be made by the court upon the application to the facts in this estate of the amendment of section 17 of the Decedent Estate Law made with…