Passoni v. Breehl

OPINION

By LAMNECK, J.

Edward Passoni died on the 2nd day of March, 1944, leaving a joint will executed by him and his surviving spouse on October 5, 1926. Following the probate of this instrument as his will, his surviving spouse, Mary Passoni, was appointed executrix of his estate.

The schedule of debts was filed in this estate on the 17th day of July, 1944, and on the same day the surviving spouse elected not to take under the will of the decedent.

On May 23, 1944, the surviving spouse filed a petition in this court in which she elected to purchase the decedent’s one-half interest in the…