In re the Estate of Kaminsky

Rubenstein, S.

This proceeding was initiated in pursuance of section 145-a of the Surrogate’s Court Act to obtain a determination of the validity and effect of respondent’s election to take an intestate share of testator’s estate. It is not disputed that respondent has exercised such right, if one is available to her, as required by section 18 of the Decedent Estate Law, and the sole question for decision is whether she is testator’s surviving spouse.

At the close of the trial, petitioner’s counsel, arguing in support of a motion to declare the invalidity of the claimed election, urged that the…