In re the Estate of Ferrara

Wingate, S.

The present proceeding raises the question as to the source from which the benefits to an electing spouse shall be paid and the effect which such payment will have upon the rights of the other legatees and devisees to whom testamentary benefits were accorded.

No one questions the propriety or mode of the exercise of the election by the widower. The only benefit given him by the will was a life estate in certain realty which was terminable on his death or remarriage. This is not such a gift as will defeat the right of the surviving spouse under section 18 of the Decedent Estate Law.…