In re the Construction of the Last Will of Gersh

Maximilian Moss, S.

The petitioners as executors seek a determination as to the validity and effect of the notice of election served by testator’s widow pursuant to section 18 of the Decedent Estate Law.

Testator’s will directs payment of his debts and funeral expenses, bequeaths to his wife his household and personal effects and creates a trust of his residuary estate providing that the net income therefrom shall be payable, to the extent of $100 *1008monthly, to his wife for life “in lieu of and for her dower ” and at her death, to the extent of $50 monthly, to a sister, Sophie Gersh, for life. It…