In re the Accounting of Adler

Collins, S.

It has been determined that the surviving husband has an absolute right to elect to take against the will (Matter of Wittner, 301 N. Y. 461). In this accounting proceeding, the executors have made no attempt to set forth the manner in which the right of election shall be satisfied. The adult beneficiaries and the husband object to the executors’ failure to set forth the values of their respective interests, but, like the executors, they leave the entire matter of the formula and the computations to the court.

The decedent being survived by a husband and children, the elective share…