Ritchie v. Rawlings

The opinion of the court was delivered by

Mason, J.:

Mary A. Rawlings died November 1, 1917. She left a will undertaking to give to her husband, Williard H. Rawlings, a life interest in their homestead in Cherryvale, and providing for the division of the rest of her property, which included a quarter section of farm land, among her three children by a prior marriage — a son and two daughters— who were her only other heirs. It is not shown that the husband ever elected to take or not to take under the will, and it has never been probated. On November 9, 1917, the husband and the two daughters of…