In re the Estate of Stultz

George Frankenthaler, S.

Petitioner instituted this proceeding to open her default in filing an election under section 18 of the Decedent Estate Law 14 months after the issuance of *848letters testamentary. The petition alleges that respondent, the daughter of decedent and petitioner and the executrix and sole beneficiary of her father’s estate, intentionally misrepresented the size of this estate to her mother as amounting to two or three thousand dollars when, in fact, she knew that the assets were worth at least $50,000, and that but for this fraud the widow would not have refrained from…