Clarkson v. First National Bank

This is an action under section 30-108 (2), R. R. S. 1943. It involves an election on behalf of an incompetent surviving spouse to either take under or against her husband’s will. The District Court vacated an order of the county court electing on behalf of the widow to take the provision made for her in her husband’s will. The executor prosecutes this appeal. We affirm.

Joseph D. Clarkson, deceased, married Evelyn Bell Clarkson April 16, 1953. Mr. Clarkson had two daughters *202from a prior marriage. Mrs. Clarkson had a son and a daughter by a prior marriage. No children were born of the second…