In Re Estate of Johnson

REYNOLDSON, Justice.

This appeal requires us to resolve a controversy between Beverly Sue Johnson, a surviving spouse, and Norma Johnson, decedent’s mother, over disposition of a settlement in a wrongful death action. The surviving spouse as administrator of the estate filed a petition in the probate proceeding for declaratory judgment, contending the total recovery was exempt property and belonged to her. The trial court so held, and we reverse.

In the proceeding below most of the facts were stipulated. The decedent, age 22, died intestate as a result of a truck accident on June 23, 1971. He…