Pellett v. Pellett

The opinion of the court was delivered by

Dawson, J.:

This appeal presents the question whether a widow who elects to claim her portion of her deceased husband’s estate under the law rather than to take under his will thereby deprives herself of the widow’s allowance provided in her behalf under R. S. 22-511 et seq.

The facts were these:

Alfred C. Pellett, a resident farmer of Bourbon county, died testate on March 5, 1930, leaving as his heirs at law, his widow, Mary Pellett, appellant herein, and four adult children of a former marriage. By his will he devised a portion of his estate to his…