In re the Estate of Liberman

S. Samuel Di Falco, S.

This is a proceeding instituted pursuant to section 145-a of the Surrogate’s Court Act for a determination of the validity and effect of the election by the surviving spouse to take against the will. The deceased died on August 1, 1954 leaving a will which he had executed on March 17, 1953 and which was admitted to probate in this court on August 31, 1954. In that instrument, acknowledging the peti*397tioner to be bis wife, he named her as life beneficiary of a trust consisting of one third of his residuary estate which has a conceded value in excess of $600,000. The…