Wester v. Baker

Owen W. Wester appeals from the trial court's order that granted his petition for an elective share and denied his request to take as an omitted spouse.

Our review of the record reveals the following pertinent facts: In August 1972 Virginia C. Eason executed a will, naming her niece, Virginia P. Baker, as the sole beneficiary and the executrix of her will.

Eason married Wester in September 1973. In April 1974 Eason and Wester purchased three parcels of real property in joint tenancy with right of survivorship. Eason and Wester lived on this property. Eason had another parcel of property, which…