In re the Accounting of Becher

Rubenstein, S.

The main issue herein is whether the widow possesses a right of election against testator’s will, pursuant to the provisions of section 18 of the Decedent Estate Law.

Testator’s will is dated July 27, 1938. He died August 15, 1948, and letters testamentary issued on October 5, 1948, to the three nominated executors, testator’s older son, his widow and his attorney. Testator was also survived by another son and two daughters.

The dispositive provisions of the will are few and simple. Under paragraph “ Second ” thereof testator gave to his widow household furniture, wearing apparel,…