In re the Estate of Brookes

Edgar F. Hazleton, S.

This is an application by a husband of decedent to have his failure to file and record his notice of election within the statutory time excused, and that permission be granted for such filing and recording nunc pro tunc as of April 25,1959.

The notice was timely served upon the executrix herein. However, because of an oversight upon the part of a clerk employed in the office of the attorney for the husband, the notice was not filed in time in the office of the Clerk of this court as required by section 18 of the Decedent Estate Law.

The executrix claims that the husband had…