In re the Estate of Bachmann

Wingate, S.

The question here presented concerns the right of a widow, married prior to September 1, 1930, to receive dower in real estate owned by her husband prior to that date, where his will, executed subsequently, gives her outright the share in his estate to which she would have been entitled had he died intestate, thus precluding any right of election on her part under the provisions of section 18 of the Decedent Estate Law.

The uncontroverted demonstration of the record is that testator died on December 6, 1933, survived by two children by his first marriage and by his third wife, his…