In re the Estate of Aaronson

The testator, Ira N. Aaronson, died on September 24,1962. He was survived by his widow and by his son, the son being the executor under the will. The widow, pursuant to statute (Decedent Estate Law, § 18), filed a notice of election to take her intestate share of the estate against the will; and the son, as such executor, has instituted this proceeding under section 145-a of the Surrogate’s Court Act to determine the validity and effect of the widow’s election.

The widow and the executor are united in their contention that by her election she is entitled to her intestate share, notwithstanding…