Majority
p. 1001
In the Matter of the Application of Lillian Porringer, as Executrix of Mildred F. Brenner, Deceased, Respondent, for a Determination of the Right of Leo Brenner, Appellant, to Elect to Take under Section 18 of the Decedent Estate Law.
Appeal by the husband from a decree of the Surrogate’s Court of Westchester County which dismissed his notice of election, filed pursuant to section 18 of the Decedent Estate Law. Decree unanimously affirmed, with costs. No opinion. Present — Close, P. J., Hagarty, Johnston, Lewis and Aldrich, JJ.