In re the Estate of Aaronson

John D. Bennett, S.

This is a proceeding to determine the validity and effect of a notice of election filed by the widow pursuant to section 18 of the Decedent Estate Law.

The executor, the petitioner in this proceeding, agrees with the widow that paragraph sixth of the will permits an invasion by the trustee of the widow’s share of the trust for another, and therefore fails to meet the minimum requirements of section 18.

Paragraph sixth of the will reads as follows: ‘ ‘ sixth : Anything herein contained to be contrary notwithstanding, my trustees may at any time, or from time to time, if in…