Matter of Estate of Smith

STERNBERG, Judge.

Donna Snyder and Arnold Ogden, as personal representatives of the estate of Ruth M. Smith, appeal from a judgment determining the amount of elective share and exempt property allowance due Ruth’s estate from the augmented estate of her husband, Ottis Smith. We affirm in part, reverse in part, and remand for further proceedings.

Ottis Smith died testate in June 1980. He was survived by his wife, Ruth, and his sons, Donald L. and Eldon R. Smith. On August 5, 1980, Ruth Smith filed a petition for an elective share, exempt property allowance, and family allowance. Ruth Smith died…