Matter of Estate of Pejsa

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Frank Pejsa’s (Frank) will dated September 10, 1985, was admitted to probate on November 11, 1988. The surviving spouse, Gladys Pejsa (Gladys), filed her election to take an elective share of her husband’s augmented estate, having received no legacy under the will except her right of homestead as guaranteed by South Dakota law, After a probate hearing in circuit court, Gladys was awarded fifty percent of Frank’s augmented estate.

On appeal, the estate alleges:(1) That the trial court abused its discretion in awarding an elective share without taking…