In re the Estate of Borden

Slater, S.

Gail Borden, one of three executors of decedent’s will, has petitioned the court for instructions, for the construction of certain paragraphs of the will, and for the extension of time within which the petitioner, as the surviving husband, may serve and file his notice of election to take his personal and statutory share of the estate against the will.

The instructions sought relate to the burial, the erection of a mausoleum, and perpetual care of the plot.

The first paragraph of the will directs the payment of funeral expenses. The second paragraph of the will, however, gives…