In re the Estate of Kohut

In a proceeding for the judicial settlement of the account of the executor of the estate of Lucille Kohut, the executor, Vincent Galasso, appeals, as limited by his brief, from so much of an order of the Surrogate’s Court, Richmond County (D’Arrigo, S.), dated August 5, 1986, as upon finding that the objectant William Kohut has a valid right of election against the will of the decedent, held that the trust agreement between Lucille Kohut and Vincent Galasso, dated April 12, 1983, is a testamentary substitute for the purposes of calculating the objectant surviving spouse’s elective share.

Ordere…