MATTER OF CLARK


1 A.D.2d 567 (1956)

In the Matter of The Estate of Melville Clark, Deceased. Dorothy S. Clark, Appellant; Timothy D. Clark, Individually and as Executor of Melville Clark, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 21, 1956.


Attorney(s) appearing for the Case

Henry S. Fraser and Clifford H. Searl for appellant.

John Benjamin Carroll and Harley J. Crane for Timothy D. Clark and another, as executors of Melville Clark, deceased, and another, respondents.

All concur, except WILLIAMS, J., who dissents and votes for affirmance, in a separate opinion. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and WILLIAMS, JJ.


KIMBALL, J.

This appeal by the widow of the testator brings up for review and determination the question of the widow's right to elect to take her share of her husband's estate as in intestacy, pursuant to section 18 of the Decedent Estate Law. By decree of the Surrogate's Court, she has been denied that right.

The testator died leaving his widow, the appellant, and three adult children. After directing...

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