Bening v. Eischeid

— This action steins from the election of testator’s widow to take her statutory distributive share of one third of his estate in lieu of the provisions of the will which established a trust and gave her $50 per month from the income thereof. This caused the diminution of each gift. However, the loss to plaintiffs’ gifts was proportionately greater than to some others. . The appeal involves the contention of plaintiffs that the percentage of loss to the gifts to plaintiffs should be made the same as to other gifts.

Testator died in 1941 without issue. His estate was willed in trust to his…