West v. West

The opinion of the court was delivered by

Burch, J.:

The action was one by a widow to set aside her election to take under the will of her deceased husband. The' verdict and judgment were in her favor. A devisee, who is also administrator of the estate, and whose interests were prejudicially affected, appeals.

John West and his wife lived in Nebraska, and had five sons. Emil lived near his parents, and did business for his father, who could not write. The other sons instituted proceedings to have a guardian appointed for their father, on the ground of feeble-mindedness. Emil would not consent,…