Davis v. Davis

The sole issue before us in this appeal is whether a surviving widow of a deceased testator may take the share set forth in section 636.32 of the Code when, due to a failure of a bequest, the residue of the estate exceeds her statutory share set forth in section 636.5, Code, 1958. The trial court held such residue descended as intestate property to the only surviving heir, that she was not an heir of decedent and could receive only a one-third share as provided in section 636.5 of the Code.

The issue arose pursuant to an application by the widow, Winnifred Davis, in the estate of Paul L.…