In re the Estate of Adler

Christopher C. McGrath, S.

This is a proceeding by the executors for a determination of the alleged widow’s right of election to take against testator’s will pursuant to section 18 of the Decedent Estate Law and of her demand to be accorded the rights of a surviving spouse under section 200 of the Surrogate’s Court Act. Respondent’s answer alleges that she is the decedent’s widow and she has filed a demand for a jury trial of the issues raised by the pleadings.

*632The executors oppose the granting of the respondent’s demand for a jury trial as not warranted under section 68 of the Surrogate’s…