In re the Estate of Webster

Delehanty, S.

In this construction proceeding the sole question presented is whether the executor of the estate of a deceased husband may assert the husband’s right as survivor of his wife to claim partial invalidity of the gifts to charity under deceased wife’s will on the ground that the gift to charity is in exce'ss of the limit prescribed by section 17 of the Decedent Estate Law. The husband committed suicide within an hour after he had caused the death of deceased. Question may arise whether any benefit may devolve upon or through, the husband of deceased if he was guilty of a felonious…