In re the Estate of Picone

Henderson, S.

This is a proceeding to determine the validity of an election under subdivision 7 of section 18 of the Decedent Estate Law.

The issue is whether or not under the circumstances herein, the respondent has lost his right of election by reason of his failure to serve the notice upon the executor personally and by failing to file and record it in this conrt as expressly required by statute.

The testatrix died a resident of Bronx County on the 17th day of November, 1947, survived by her husband and eight children, one of whom is an infant. Her will was admitted to probate in this court…