Barlow v. Winters National Bank & Trust Co.

The sole question to be determined is: Where real estate is devised in a childless testator’s will to a trustee therein named, and the surviving spouse elects to reject the provisions of the will in her behalf and to take her interest in the estate under the statute of descent and distribution, is her interest in such estate in the nature of a distributive share measured in money, or does title to a statutory share in such real estate pass to her in fee simple as an estate of inheritance, subject to the payment of debts of the estate?

The answer to the foregoing question will determine the…