In re the Estate of Brown

Campbell, S.

This is an application to determine the right of testatrix’s surviving spouse to take an intestate share of her estate pursuant to section 18 of the Decedent Estate Law and section 145-a of the Surrogate’s Court Act.

Testatrix died July 11, 1950, and her last will and testament, dated March 16,1948, was admitted to probate August 28, 1950. She is survived by her husband, this petitioner, and four adult children, two of whom, Helen A. Rosenfeld and William V. Brown, nominated in the will, have been appointed executors.

The “ Fourth ” paragraph of the will provides as follows: “ I…