In re the Estate of Osborn

The opinion of the court was delivered by

MASON, J.:

William F. Osborn died testate January 21, 1914. Six days later a record was made in the probate court reciting the election of his widow, Katie A. Osborn, to take under the will. On March 9, 1914, she filed an application to have such election set aside because made under a misapprehension of her rights under the will, brought about through her not having been sufficiently advised in that regard. The probate court denied the application, and she appealed to the district court, which found that her contentions were well founded, and that no…