Theen v. Miller

Is a surviving spouse of her husband who died testate and without issue his heir-at-law ? The trial court held not ‘and she appeals.

Theodore J. Theen by his will gave to his wife, if she survived him, an undivided one-third interest in his estate. All of the remainder he gave to his heirs-at-law. The widow seeks an interest in the remainder. The defendants in the action, and who claim all of the remainder, are a sister and nieces and nephews of the decedent.

I. It is the established law, and all parties so concede, that whatever right one may have in the estate of another is purely statutory,…