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MATTER OF ALLAN

5 A.D.2d 453 (1958)

In the Matter of the Accounting of Adrian R. Allan, Jr., et al., as Executors of Adrian R. Allan, Deceased. In the Matter of The Estate of Adrian R. Allan, Deceased. Irving Trust Company, as Executor of Helen H. Allan, Deceased, Respondent-Appellant; Adrian R. Allan, Jr., et al., as Executors of Adrian R. Allan, Deceased, Appellants-Respondents; Virginia A. Carter et al., Respondents

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

April 10, 1958.

Attorney(s) appearing for the Case

John F. Le Viness of counsel (Elting H. Smith with him on the brief; Pell, Butler, Hatch, Curtis & Le Viness and Gifford, Woody, Carter & Hays, attorneys), for respondent-appellant.

Stewart Maurice of counsel (Robert Brooks White with him on the brief; Maurice, McNamee & White, attorneys), for appellants-respondents.

Charles H. Birdsall of counsel for Virginia A. Carter, respondent.

Edward Edelman of counsel (David M. Berger with him on the brief), special guardian for infants, respondent.

Harold Obstler of counsel (Sherman & Goldring, attorneys), for Alice W. Allan, respondent.

BREITEL, J. P., FRANK, McNALLY, STEVENS and BERGAN, JJ., concur.

Per Curiam.

Involved in this appeal by the widow's executor is the question whether, having once filed a notice of election to take against her spouse's will, the widow was thereby irrevocably bound, or whether she might thereafter revoke her election, even though the time for making an election had expired under the statute. By cross appeal, the petitioning executors raise the issue of the legal sufficiency of a claim...

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