In re the Estate of Rubin

John D. Bennett, S.

This is a proceeding brought by the decedent’s widow, the petitioner, as executrix for a construction of the decedent’s will pursuant to section 145 of the Surrogate’s Court Act. In addition thereto, she petitions the court to make a determination as to the validity of her right of election as provided for by section 145-a of the Surrogate’s Court Act.

The decedent and the petitioner executed a joint and mutual will on September 27, 1962. The introductory clause thereof sets forth that said instrument is also “ an Agreement binding upon us and the survivor ’ ’.

Each testator…