Estate of Daniels

At the time the will was made and at the time of the probate of the will, under Wisconsin law a husband had no right to elect against his wife’s will. However, under sec. 861.05, Stats., created by ch. 339, sec. 26, Laws of 1969, which became effective April 1, 1971, a husband is now given the right of an election. However, the right of election by the husband existed under the Ohio law in force at the time of the death.

At the time of Mrs. Daniels’ death, a county court in Wisconsin had probate jurisdiction of the wills “of all persons deceased who were at the time of their decease…