Majority
p. 583In the Matter of the Application of Ellen P. Green for a Determination of the Validity and Effect of Her Election under Section Eighteen of the Decedent Estate Law to Take an Intestate’s Share against the Provisions of the Will of John R. Green, Deceased. E. Margaret Green Howard and Others, Appellants, Ellen P. Green, Respondent. Bankers Trust Company, as Executor, etc., of John R. Green, Deceased, Appellant.
Decree determining that the election of Ellen P. Green, as surviving spouse of John R. Green, deceased, to take her share of his estate against his will, is valid and effective, unanimously affirmed, with costs to the respondent payable out of the estate. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ. [155 Mise. 641.]