In re the Estate of Higgins Stott

Millard, S.

This is a proceeding, brought by the • executor herein to determine the validity of a notice of election filed by the surviving husband of this testatrix, pursuant to section 18 of the Décedent Estate Law.

Testatrix died on July 22, 1940,' leaving a will dated November 12, 1937. She was survived by her husband and two nieces who, together, constitute all of her distributees. Under article “ fifth ” of her will, she directed that her entire residuary estate be divided into four equal parts or shares, two of which were given outright *339to her two nieces. She directed that the remaining…