Opinion
July 5, 1961
In a proceeding by testatrix' surviving spouse pursuant to section 145-a of the Surrogate's Court Act, to determine his right, under section 18 of the Decedent Estate Law, to elect to take as in intestacy his share of his deceased wife's estate, petitioner appeals from so much of a resettled decree of the Surrogate's Court, Westchester County, dated February 1, 1961, as adjudges that the bequests to petitioner under the will are adequate and that he does not have any right of election under section 18 of the Decedent Estate Law. Decree, insofar as appealed from, affirmed, with costs to respondent Herrmann and to respondent Attorney-General of the State of New York, payable out of the estate. No opinion. Nolan, P.J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.