In re Estate of Castles

(concurring in the result) .

I concur in the result hut desire to give my reasons therefor. Certain sections of the Utah Code Annotated 1953 have a bearing on our decision. They are so far as material, set out below:

74-4-3. * * * One-third in value of all the legal or equitable estates in real property possessed by the husband at any time during the marriage, to which the wife has made no relinquishment of her rights, shall be set apart as her property in fee simple, if she survives him; * * *.

74-4 — 4. * * * If the husband shall make any provision by will for the widow, such provision shall…