Gowing v. Laing

The questions transferred in substantial effect present the issue whether there is any legal machinery whereby provisions of the will of John J. Hogan may now be waived.

The privilege that a widow has of waiving the provisions of her deceased husband’s will in her favor and so acquiring certain other property and rights in his estate is stated in R. L., c. 359, ss. 10, 11. In the case of a mentally incompetent widow the same rights that his ward would have had if competent were given to the guardian by Laws 1947, c. 151, s. 3. In Hogan v. Roche, supra, 370, it was recognized that a guardian of…