In re the Estate of Martin

Harry G. Herman, S.

The questions in this proceeding by the executrix to judicially settle her accounts are submitted to the court upon an agreed stipulation of facts.

At the time of her death on February 25, 1963, the decedent and her husband were living apart pursuant to a separation agreement executed on August 19, 1954. No provision for her husband was made toy the decedent in her will, dated December 13, 1954, and admitted to probate by this court on June 4, 1963. The surviving husband’s notice to take against the will (Decedent Estate Law, § 18) was rejected by the executrix on the…