Scharkofsky v. Landfear, Admr.

OPINION

By LIEGHLEY, PJ.

Does the language of Item VIII of said will above quoted operate to foreclose the right of the widow to claim under §10509- 54 GC?

The administrator de bonis non claims she is barred by the conditions imposed on her in the will by the testator. The widow contends that she is entitled to this exemption by law, notwithstanding the conditions imposed by the will, and entitled to the same whether her deceased husband died testate or intestate.

Sec 10509-54 GC provides as follows:

“When a person dies leaving a surviving spouse, or minor child or children, the following property…