In re the Estate of Gerard

S. Samuel Di Falco, S.

The executors have brought this proceeding in order to determine the validity and effect of the election of Olga K. Gerard, the alleged widow of the decedent. The testator died on June 3, 1973 leaving a will dated January 11, 1973. His testamentary plan is expressed in his will and in an inter vivos trust created on May 24, 1968.

Effective on Mr. Gerard’s death, the trust agreement provides for the creation of five charitable remainder unitrusts, each having a 5% annual payout. One of such trusts is for the life of Mrs. Gerard and is to consist of 35% of Mr. Gerard’s net…