In re the Estate of Furno

McGarey, S.

This proceeding has been instituted by the executor and trustee for a determination as to whether testator’s widow has a right to elect to take her intestate share of his estate, under the provisions of section 18 of the Decedent Estate Law; whether she has validly exercised her right of election, and for a construction of the will, generally.

The widow executed her notice to elect against testator’s will, which was served on the executor and filed in this court, with proof of such service, within six months of the issuance of letters testamentary and there can be no question as to…