In re the Estate of Mayers

Collins, S.

The decedent died on November 15,1943, survived by his widow and his sister as his statutory distributees. The widow instituted this proceeding to obtain a determination that the will violates section 17 of the Decedent Estate Law in that *703it bequeaths to charity more than one half of the estate after deduction of debts. If infringement of the statute be decreed, she asks a judicial determination of the extent of the violation and for such other and further relief as may be proper. It has been stipulated that decedent’s gross estate was worth $2,453,-069.39 at his death. The will…