In Re Estate of Kees

The question presented is whether the trial court abused its discretion in electing for the insane widow to take under the will of her deceased husband.

The widow, age seventy, who married testator in 1903, has been confined to a state hospital for the insane since about 1911. Apparently she is incurable. Testator, eighty-five at death, also left three daughters by a prior marriage. The widow has one daughter by an earlier marriage.

The will, made in 1940, devises 320 acres in Oklahoma to one daughter. To each of testator’s other daughters is devised a,fractional 40 acres (about 36% acres) near…