In re the Estate of Jaffer

Samuel J. Silverman, S.

This is a petition by the executors for a determination of the validity of the purported exercise by decedent’s widow of a claimed right of election to take against decedent’s will under EPTL 5-1.1.

The will was executed in 1959. Decedent died in November, 1967.

After preresiduary gifts of $6,000 to decedent’s sister and secretary, the will bequeaths one third of the rest, residue and remainder in trust to pay the income of the trust (after administration expenses and taxes properly payable by the trustees therefrom) to decedent’s widow during her life and upon her death…