In re the Accounting of Leinwand

McGarey, S.

In this accounting proceeding, accountants seek a determination as to the validity and effect of the notice of election filed by the widow of testator to take an intestate share of his estate as against the terms of his will.

A question is presented as to whether or not under paragraphs “ Eighth ” to “ Twelfth ”, inclusive, of the will, the widow’s election is governed by paragraph (b) of subdivision 1 of section 18 of the Decedent Estate Law, so that she may have only the limited right to presently,take $2,500 in cash, to be deducted from the principal of the trust fund “ * * * and…