In re the Estate of Greene

John J. Dillon, S.

The surviving husband of the testatrix has asked the court to determine his right of election to take his intestate share of the wife’s estate under section 18 of the Decedent Estate Law.

It is agreed that the net estate has a value of about $128,000. The will provides for legacies to various persons, other than the husband, amounting in the aggregate to $24,150. There is a cash legacy to the husband of $3,000. The entire residue is left in trust with the net income payable to the husband for life. Article Third of the will goes on to provide that “ upon his death, or upon my…