Spencer v. Williams

MACK, Senior Judge:

This case raises issues as to the circumstances under which an incompetent surviving spouse may renounce the will of the predeceasing spouse. Appellant, the personal representative of the decedent’s estate, appeals from an order of the trial court ratifying the decision of the conservator for the decedent’s incompetent wife to renounce the decedent’s will on the wife’s behalf and elect instead for her to receive the statutory share of his estate. Appellant asserts three errors on appeal: (1) that the conservator’s election was not timely; (2) that the trial court applied an…