In re the Estate of Lotus

In this proceeding, one of the coexecutors under testator’s will seeks a determination as to the validity and effect of the widow’s notice of election to take her intestate share against the provisions of the will pursuant to section 18 of Decedent Estate Law.

Testator’s will dated March 9, 1963 was admitted to probate on June 9, 1964. Testator left him surviving his wife and four children. Under paragraph “second” of his will, testator bequeathed to his wife “ all those funds which I have deposited in our joint names ” in the bank. No other provision was made for her under the will. The…