In re the Probate of the Will of Urison

Maximilian Moss, S.

Petitioner, named as executor in the propounded instrument, seeks an order striking out an answer *696filed by decedent’s widow. It appears that the propounded instrument antedates the marriage between decedent and his widow and no provision is made for her in said instrument. The widow’s answer alleges that under the provisions of section 35 and subdivision 4 of section 83 of the Decedent Estate Law, she is entitled to payment of $10,000 plus one half of the residue and denies knowledge or information sufficient to form belief with respect to the validity of the instrument…