In Re the Estate of Goldie Mahr Kujath

MR. JUSTICE JOHN C. HARRISON

delivered the opinion of the court.

This is an appeal from a judgment of the district court, Lewis and Clark County, declaring section 91-102, R.C.M.1947, invalid as being in contravention of Article II, Section 4, 1972 Montana Constitution.

Goldie Mahr Kujath died on August 8, 1973, two days after executing a will in which she left nothing to her surviving husband, John H. Kujath. The Kujaths, who had been childhood sweethearts, were married on April 5, 1973. Both had been married previously, had families and each had lost the first spouse by death. Goldie was a…