Estate of Carter v. Whitson

KENNAMER, ,T.

Counsel for William Whitson-, defendant in error, state their contention to be that, under the facts, the property of the estate in controversy did not pass by the laws of succession or inheritance nor by will, but by the provision of section 8341, Revised Laws 1910, which is not a law of succession or inheritance, but a law in lieu of dower, and that such property would pass by virtue of this provision in spite of a will. In support of this contention ithe case of Strawn v. Wayne (Neb.) 142 N. W. 678, is cited. The court in the opinion stated:

“The share of the realty and…