In re the Estate of Collins

Joseph A. Cox, S.

This court heretofore construed a portion of the testator’s will (25 Misc 2d 886) and, by an order dated August 3,1960, held that “ Paragraph Second of the decedent’s Last Will and Testament be and the same hereby is construed as compelling said respondent [testator’s widow] to elect to take against said will and to prove her status as spouse.” The executors, individually and in their fiduciary capacities, *1076appealed from such order, except to the extent that it denied summary judgment in favor of the respondent, and from each and every part of the order “ to the extent…