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eBook details

• Title: Matter of Estate of Miller
• Author : Supreme Court of Wyoming
• Release Date : January 09, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Two questions are presented by this appeal: First, whether the statutory option given a surviving spouse to elect against the provisions of a will and take a designated portion of the estate of the decedent may be exercised by an administrator or executor of the estate of a surviving widow who died prior to the time that the will was offered for probate in this state; second, and if the answer to the first question is in the negative, whether an election against a will regularly filed by the surviving spouse in probate proceedings in the domiciliary state of the testator and spouse may be considered an effective election against the will in this jurisdiction. The decision of the district court of Converse County, Wyoming sustained an election filed by the Wyoming administrator of the surviving spouses estate in the proceedings then pending in that court in which election there was included a certified copy of the election which had been previously filed by her in the Tennessee probate court where the will was first probated. It is not clear on just which basis the election was sustained, but appellees in this court seek to sustain the election on both grounds. We find the decision results from an erroneous application of Wyoming law and reverse the order of the district court.

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