Ambrose v. Rugg, Admx.

The question presented is, Shall the widow be deemed to have elected to take under the will, or may the court enter an election most favorable to her interests, and order distribution accordingly?

It is conceded that the rights and interests of the widow in the estate of the decedent are greater and more valuable under the law than under the will of the testator, but'it is contended that the provisions of Section 10571, General Code, are conclusive of the question here presented, and that, no election having been made by the widow within the time therein prescribed, she is deemed to have taken…