Helen Rothenberg, Caveator, Estate of Pincus Rothenberg, Deceased v. Allen Rothenberg

DANAHER, Circuit Judge.

Appellant as widow of the late Pincus Rothenberg filed a caveat against his will. The District Court on motion of the ap-pellees 1 dismissed the caveat, and this appeal followed.

Appellees argue that the widow is not a “party in interest” within the meaning of D.C.Code § 19-307 (1951). Relying upon Kimberland v. Kimberland, 2 they say the widow lacks standing when “she has the statutory power to renounce her deceased spouse’s will and to claim the same share of the estate as she would take by intestacy if the will were held invalid.” The District Court had agreed with…