In re the Estate of Berger

Joseph A. Cox, S.

The executors have submitted their final account for settlement in which they request, among other relief, a determination of the validity and effect of the notice of election filed by the surviving spouse. Decedent and his wife were married in 1949. He executed the will on March 1, 1956. In paragraph Fifth thereof he gave a legacy of $2,500 to his wife. In paragraph Sixth he established a trust in an amount, that when added to the legacy of $2,500, would equal the widow’s intestate share. The income thereof is payable to the surviving spouse for life and upon her death the…