In re the Estate of Goldsmith

Delehanty, S.

By prior decision (174 Misc. 270) the court held valid an election by the widow of deceased to take against his will. By a separate decision (N. Y. L. J. Dec. 23, 1939, p. 2292) the court also held that certain legacies given to the daughters of deceased on condition that they transfer to their stepmother the equity in certain land were preferred because the condition was performed.

The problem now is to determine the source from which the widow’s elective share is to be paid. The will provides for legacies of $2,500 to each of three sisters of deceased. It provides for a legacy…