In re the Estate of Bellafatto

John D. Bennett, S.

This is a proceeding, brought by the surviving spouse of the decedent, to determine the validity and effect of her election to take an intestate share pursuant to section 18 of the Decedent Estate Law.

The will of the decedent, in paragraph First, gives the surviving spouse all the testator’s real property and household furniture and furnishings, for and during her lifetime or until she remarries.

A testamentary gift in trust for the life of a surviving spouse, or until she remarries, does not qualify within the terms of section 18 (subd. 1, par. [e]) of the Decedent Estate…