In re the Estate of Lewin

Appeal from an order of the Surrogate in a construction proceeding wherein it was determined that the terms of a will were governed by the statute in effect at date of death of testatrix. On June 17, 1953, Mary Ellen Lewin executed a will which provided, in part: “ Second: I give, devise and bequeath unto my beloved husband, William H. Lewin, the share and interest in my estate to which he is entitled under the Decedent Estate Law of the State of New York.” Mrs. Lewin died on September 27, 1965 leaving her husband and certain residuary legatees. When the will was drafted, subdivision 4 of…