Ellenstein v. Rider

WADDILL, Commissioner.

Abe Ellenstein died testate on October 16, 1956. His will, which was signed and acknowledged on July 12, 1956, was probated on November 7, 1956. Soon thereafter, a controversy arose concerning the property rights of his widow under the will, so this action was brought for a declaration of rights pursuant to KRS 418.040 et seq.

*946■ The particular clause of the will presented for interpretation reads:

“If, when I die, a wife survives me, such wife is to take her statutory rights only and no more. * *

The residue of his estate was devised to his illegitimate daughter and her…