In Re the Estate of Maiden

The petitioner, Elizabeth A. Maiden, widow of the deceased, in this proceeding has sought to establish the validity and effect of an election by her to take her share of her husband’s estate as in intestacy as provided in section 18 of the Decedent Estate Law (Cons. Laws, ch. 13). Subdivision 5 of that section is as follows: “ No wife who has abandoned her husband shall have the right of such an election.”

The sole question before us on this appeal is whether the petitioner is a wife who has abandoned her husband and, therefore, has not the right of such an election. The administrator with the…