In re Will of Sayre ex rel. Sayre

WORKMAN, Justice:

The Circuit Court of Jackson County certified the following question to this Court:

Did the statutory right of Audrey Land-fried Sayre, as a surviving spouse, who was an incompetent, to elect to accept or renounce the Will of the deceased spouse, Fred B. Sayre, Deceased, terminate upon the death of the said surviving spouse, Audrey Landfried Sastre, an incompetent, on her death on the 6th day of January, 1989?

Upon review of the arguments of the parties and the records submitted to this Court, we find that where an election to renounce has been made prior to the death of that…