Majority
p. 899In the Matter of the Estate of Alwine Micka, Deceased. Joseph Micka, Appellant; Andrew Yousko, as Executor of Alwine Micka, Deceased, Respondent.
Decree of the Surrogate’s Court, Queens County, adjudging invalid and of no effect a notice of election filed by a surviving spouse to take a share of the estate of a deceased wife, as in intestacy, unanimously affirmed, without costs. No opinion. Present — Carswell, Acting P. J., Johnston, Wenzel, MaeCrate and Schmidt, JJ.