Majority
p. 840In the Matter of the Application of Harriette Selig to Determine the Validity and Effect of Notice of Election Pursuant to Section 18 of the Decedent Estate Law in the Estate of Jacob Selig, Deceased. Harriette Selig, Petitioner, Respondent; Max L. Schallek and Others, Executors, Appellants.
Decree reversed, with costs, and petition dismissed, with costs, on the ground that the finding of the surrogate that the claimant is the common-law wife of deceased is against the weight of the credible evidence in the ease, particularly in view of the documentary evidence. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Dore, J., dissents and votes to affirm.