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MATTER OF HOWLAND

284 A.D. 306 (1954)

In the Matter of The Estate of William N. Howland, Deceased. Caroline E. Howland, Appellant; Central Trust Company, as Administrator with the Will Annexed of William N. Howland, Deceased, et al., Respondents

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

July 8, 1954.

Attorney(s) appearing for the Case

Daniel F. Fitzgerald, Jr., and Daniel F. Fitzgerald for appellant.

Donald J. Corbett for Central Trust Company, as administrator with the will annexed, respondent.

George J. Nier, Jr., special guardian for Clarence W. Swan, an incompetent, respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.

McCURN, P. J.

The petitioner instituted a proceeding pursuant to section 145-a of the Surrogate's Court Act praying for a decree determining that she is entitled under the provisions of section 18 of the Decedent Estate Law to take her intestate share in the estate of her deceased husband. The Surrogate found that she had waived her right of election pursuant to subdivision 9 of section 18 of the Decedent Estate...

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