MATTER OF JOHNSTON


208 Misc. 965 (1955)

In the Matter of The Estate of F. Cliffe Johnston, Deceased.

Surrogate's Court, New York County.

July 22, 1955.


Attorney(s) appearing for the Case

H. Boardman Spalding for Grace P. Johnston, as executrix of F. Cliffe Johnston, deceased, petitioner.

Borton Baum, special guardian for Constance A. Kiesewetter and others, infants, respondents.


FRANKENTHALER, S.

The court holds that the surviving spouse has an absolute right of election to take her intestate share and has validly exercised such right. The provisions of the will which give to the widow only a life interest in a nonincome producing piece of real property constituting a small portion of the estate, subject to her paying all taxes, assessments, insurance and other carrying charges thereon and the upkeep and repair thereof, do not...

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