Barksdale v. Barksdale

The executor of the estate of Elton M. Barksdale appeals the judgment of the circuit court holding that Ruby Barksdale, wife of the decedent, was entitled to an elective share in the estate.

Following the death of Elton Barksdale in November 1985, his son, Billie M. Barksdale, filed a petition in the Probate Court of Etowah County to probate his will. The will was admitted to probate, and letters testamentary were granted to Billie as executor. The deceased made the following bequests:

"III. To my wife, Ruby Barksdale, I bequeath outright all my cash money and all my interest in our furniture,…