White v. Estate of White

PREWITT, Presiding Judge.

The decedent’s widow, Pauline White, filed applications for support, for exempt property and for a homestead allowance, and notice of an election to take against decedent’s will. Based on an antenuptial agreement, the estate opposed the applications and the election.1 The trial court found that the agreement was invalid and entered an order in favor of Mrs. White. The estate appeals.

When the evidentiary hearing on the widow’s application and notice of election commenced the trial judge sought the advice of the attorneys “as to order of procedure.” Mrs. White’s…