In Re Estate of Patzner

The opinion of the court was delivered by

Wedell, J.:

This was an action by a widow to set aside her written consent to her husband’s will and to permit her to take according to her later election under the law of intestate succession.

Defendants were a brother of the testator, a beneficiary under his will, and the administrator of decedent’s estate. The probate court denied the relief sought by the widow and she appealed to the district court. It tried the action de novo and affirmed the judgment of the probate court. The district court expressly found the widow’s consent to the will was…