Miles v. Blankenship

MEMORANDUM OPINION

PATRICIA D. MacGUIGAN, Judge:

Appellant seeks review of an order of the trial court denying Appellant’s objection to the final accounting and petition for distribution in the probate of the estate of Robert 0. Bozell. Specifically, Appellant as personal representative of the estate of Clara Bozell takes issue with the trial court’s finding that Clara Bozell impliedly made an election to take under the will of Robert 0. Bozell by her non-affirmative action to take otherwise. We hold the trial court erred as a matter of law in applying a presumption that a surviving spouse must…