In re the Estate of Getz

McGarey, S.

The respondent coexecutrix, testator’s widow, moves to dismiss the petition for her removal upon the ground it does not state sufficient facts to constitute the statutory grounds therefor. The petitioner is a son of testator by a prior marriage and is a devisee of a parcel of real property under the will. The coexecutor is an attorney.

The widow has filed a right of election under section 18 of the Decedent Estate Law. That action by her necessarily affects the rights of the other legatees and devisees under the will. The gist of the petition herein is that the coexecutrix…