In re the Estate of Herts

Delehanty, S.

One point of controversy in this proceeding relates to the construction of the provisions of article third of the will of deceased. Another involves consideration of the powers and authority given to the trustee under the will as they may affect the right of the widow of deceased to elect to take against the will under section 18 of the Decedent Estate Law. A further question of construction was raised respecting certain provisions of article first of the will but petitioner has withdrawn this question from consideration.

The first paragraph of article third places the residuary…