Allen v. Patee

Citations

• 104 Kan. 440
• 179 P. 333
• 1919 Kan. LEXIS 286

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Will — Election of Widoiu to Take Under Statute — Effect on Other Devises. Upon the facts stated in the opinion, it is held that the election of a widow to take under the statute instead of under her deceased husband’s will, does not render it impossible to carry out the intention of the testator, and the rule is applied that where a widow refuses to accept the provisions of her husband’s will and takes under the law, the other provisions remain in full force and must be administered so as to effectuate as far as possible the intent of the testator. (Pittman v. Pittman, 81 Kan. 643, 107 Pac. 235, and cases cited in the opinion.)</p>