Thompson v. Thompson

Schenck, J

The plaintiff brings this action for partition of real property of which his father, George D. Thompson, Sr., died seised. The defendant Mary J. Thompson is the widow of the decedent, the other defendants being a daughter and son and the executors under his last will and testament. The will was executed in 1933 and makes no provision for the defendant Mary J. Thompson, the widow. The real question here presented is whether the widow has the right of election pursuant to the provisions of section 18 of the Decedent Estate Law.

From the evidence presented at the trial it appears that…