Estate of Riley

The issue presented is whether sec. 238.02 (2), Stats., applies to the facts of this case. Sec. 238.02 (2) provides:

“(2) Neither the acceptance of a bequest or devise, nor the participation of the legatee or devisee in the probate proceeding, shall constitute an election by him to forego, waive, or convey his pre-existing interest or right of survivorship in any property which the will or codicil attempts to bequeath or devise to another person, unless the will or codicil so provides in express terms.”

The determination of the applicability of sec. 238.02 (2), Stats., necessitates a review of…