In re the Estate of Jacobsen

Samuel J. Silverman, S.

This is a proceeding by testator’s widow to determine the validity of her election under EPTL 5-1.1 to take her elective share of testator’s estate.

The will was executed in 1965. Accordingly, the substantive rights of the parties are governed by subdivision (a) of EPTL 5-1.1.

Although at least one provision of the will gives the widow a trust interest in the estate that, on its face, would appear to be sufficient to defeat her right of election, the widow contends that she is entitled to elect to take against the will because this is only an alternative provision which…