In re the Estate of Jacobsen

Millard L. Midonick, S.

There are pending before the court applications to fix attorneys’ fees pursuant to subdivision 6 of SCPA 2302 in a proceeding pursuant to SCPA 1421 to determine the validity of an election filed by the widow of the decedent.

*356Surrogate Silverman in a prior decision (61 Misc 2d 317, affd. 33 A D 2d 760, mot. for lv. to app. den. 26 N Y 2d 610) determined in this 15 million dollar estate that the widow does not have a right to elect to take against the will. It was the widow’s contention that because the will provided alternative dispositions for her benefit and because she…