In re the Estate of Topazio

Dodd,

Acting Surrogate. The primary question here presented relates to the source of payment of the share to which the widow is entitled by reason of her election pursuant to the terms of section 18 of the Decedent Estate Law.

In Matter of Curley (160 Misc. 844, 851) this court, after a review of all the previous decisions on the subject, listed a series of pertinent rules which appear to be established by the consensus of opinion.

In the present proceeding, a specific devisee contends that his gift should be exonerated from the general contribution to make up the elective share of the widow.

The…