Estate of Mullins v. Estate of Mullins

The question in this case is whether the statutory right to renounce a will given to a husband or wife of the deceased spouse may be exercised by the administrator of the estate of the surviving spouse, who died before mating an election, or whether the right to elect to take against a will is a personal privilege. We think it is the latter.

Mrs. Jessie W. Mullins, of Pike County, died on August 30, 1958. She left surviving her a husband, J. D. Mullins, and four children of a prior marriage. By her will she devised a life estate in the homestead to her husband, with the remainder to her four…