Whisnand v. Fee

This cause was transferred to this court *271by the Supreme Court, and under the statute such transfer is final. The only question presented by the record is the right of appellant, as the widow of John C. Whisnand, to have paid to her the $500 allowed by section 2269, Horner’s R. S. 1897, notwithstanding the fact that she elected to take under the will of her deceased husband. The case was presented to the court below upon an agreed statement of facts, where a judgment was rendered against appellant. She excepted to the judgment, and the question is properly presented for decision. The agreed…