In re the Estate of Levy

Frankenthaler, S.

The beneficiary of an annuity seeks to compel the executors to pay to her the capital sum required to purchase the annuity. The testator died on February 28,1950. *752Section 47-b of the Decedent Estate Law, reads: “ If a person hereafter dying shall direct in his will the purchase of an annuity, the person or persons to whom the income thereof shall be directed to be paid shall not have the right to elect to take the capital sum directed to be used for such purchase in lieu of such annuity except to the extent the will expressly provides for such right, or except to the extent…