Matter of Estate of Miller

McCLINTOCK, Justice.

Two questions are presented by this appeal : First, whether the statutory option given a surviving spouse to elect against the provisions of a will and take a designated portion of the estate of the decedent may be exercised by an administrator or executor of the estate of a surviving widow who died prior to the time that the will was offered for probate in this state; second, and if the answer to the first question is in the negative, whether an election agafest a will regularly filed by the surviving spouse in probate proceedings in the domiciliary state of the testator…