Domain, Ex'r of Estate of Naylor v. Bosley, Indiv. and Adm'x Dbn

Hammond, J.,

filed the following dissenting opinion.

Our case is that of a widow whose husband died, survived by siblings but no children, leaving a will which bequeathed all his personal property to his siblings. There is complete agreement that without the necessity of renunciation the widow is entitled to her legal share of the personalty. The majority, without any support in the case law, finds that this legal share is not $4,000—the figure specified in the currently applicable statutes—and one-half the net personalty, but $2,000—a figure not now mentioned at all in those statutes—and…