Majority
p. 862In the Matter of the Petition of James E. Keefe, to Render and Settle His Account as Executor of the Estate of Philomena E. McGarry, Deceased. Charles E. Hawkins, as Committee of John McGarry, an Incompetent Person, Appellant; James E. Keefe, Executor, etc., of Philomena E. McGarry, Deceased, Respondent.
Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 834.] The following question is certified: Was the petitioner entitled to an election to take his intestate share of the estate under section 18 of the Decedent Estate Law upon the facts shown in the record? Present — Lazansky, P. J., Scudder, Tompkins, Davis and Johnston, JJ.