In re the Estate of Rothko

Millard L. Midomtck, S.

The testator died on February 25, 1970, survived by his widow and two infant children. Following the probate of the testator’s will the mother of the children, as their guardian, served and recorded notices of election, pursuant to EPTL 5-3.3, contesting the charitable disposition in the will upon the ground that the amount of such charitable gift exceeded the limitation imposed by the cited statute. The widow died on August 26,1970.

The executors thereafter instituted this proceeding to determine the validity of the elections asserted on behalf of the testator’s…