In re the Accounting of Carr

Collins, S.

The testator died on March 14, 1952, leaving a will dated February 15, 1945, which contained no bequest to his widow. She elected to take against the will (Decedent Estate Law, § 18). In the final accounting of the administratrix c.t.a., the petition alleges that the dispositive provisions of the will represent performance by the testator of the obligations imposed on him by a separation agreement between him and his former wife, and it asks the court to determine whether, under such circumstances, the widow is entitled to elect and, if so, the effect of her election upon the terms…