In re the Estate of Cilento

Smith, S.

Decedent left a will probated November 21, 1932, under which letters testamentary were issued to the executor named therein on the same day,

The will specifically devised the only real property owned by decedent to her aunt, one Raffael Visco, bequeathed a legacy of $1,000 to the surviving spouse and the residue of the estate to a second cousin, and contains a power of sale.

The surviving spouse filed a notice of election to take the share of the estate to which he would be entitled as in intestacy on December 3, 1932.

The devisee of the real property, by her attorney in fact, entered…