In Re Estate of Barnett

The opinion of the court was delivered by

Foth, C.:

This appeal involves the right of a surviving widow to have allocated to her the family homestead and statutory allowances, where she has elected to take under a joint, mutual and contractual will which she executed together with her late husband. The answer to the question posed, as in most probate questions to reach this court, turns on the particular circumstances of the parties and the terms of the will. Insofar as we are able to determine— and the briefs of counsel do not indicate otherwise — the question has not previously been decided…