In re the Estate of Spingarn

Joseph A. Cox, S.

The first article of the codicil to the testator’s will bequeathed to the legatee therein named the sum of $20,000 “ in lieu of the gratuity which would otherwise be payable by reason of my membership in the New York Stock Exchange ”. At the date of the testator’s death the legatee was his wife and, as such, was paid a sum of $20,000 by the stock exchange.

Other than the legacy in the codicil, the will made no provision for the widow and she has elected, pursuant to section 18 of the Decedent Estate Law to take against the provisions of the will. If the legacy is effective,…