Oden v. Russell

BLACKBIRD, Vice Chief Justice.

The broad issue in this appeal is the efficacy of an election made by an incompetent widow’s guardian, on her behalf, to take under the law of succession, rather than under her deceased husband’s will. More specific questions are whether or not she was estopped to make such an election, and, if not, was such election revoked by the conduct of the widow’s heir, after her death, or was said heir estopped, by said conduct, to claim the benefit of her intestate’s election.

In Tennessee, the testator, W. D. Russell, after having several sons and daughters by a former…