In re the Estate of Eddy

Delehanty, S.

This proceeding seeks determination of the validity of an election filed against the will of deceased by his surviving widow. Deceased left issue him surviving and so the share of the widow m intestacy would equal one-third of the net estate.

The will of deceased makes specific gift of two articles of trifling value and then puts in trust all of the remainder of his estate — one-third for the benefit of his widow. No point is made by the surviving spouse respecting the trifling gift under the second paragraph of the will. Her position is asserted on an assumption that the…