In re the Judicial Settlement of the Account of Felt

This is an appeal by George Martin, the surviving husband of Augusta Martin, deceased, from so much of a decree as determines that the appellant has no interest in the estate of the decedent by reason of his failure to file and record a notice of election pursuant to the provisions of section 18 of the Decedent Estate Law.

Augusta Martin died a resident of the county of Bronx, leaving a last will and testament wherein she declared, in substance, that her husband was not to receive any part of her estate. The reason assigned “ is because he is living separate and apart from me and has failed to…