In re the Estate of Clark

This appeal by the widow of the testator brings up for review and determination the question of the widow’s right to elect to take her share of her husband’s estate as in intestacy, pursuant to section 18 of the Decedent Estate Law. By decree of the Surrogate’s Court, she has been denied that right.

The testator died leaving his widow, the appellant, and three adult children. After directing the payment of his debts and funeral expenses, the will gave to trustees one third of his net estate “ for the following uses and purposes: (a) Said Trustees shall pay over to my wife, Dorothy S. Clark,…