In re the Estate of Breen

The opinion of the court was delivered by

Mason, J.:

Michael L. Breen, a married man, having no children, died testate. By the terms of his will his widow was to have one-half of all his property, and collateral relatives the other. She elected not to accept the provisions of the will, but to take what she was entitled to under the statute. The sole question presented is whether the collateral relatives were entitled to one-half of all the property, or to one-half of what should remain after setting apart to the widow the exempt personal property owned by the testator at the time of his death.…