Lewis v. Campbell

PHILLIPS, Chief Justice.

The question before us is whether Mrs. Gladys M. Lewis, the appellant and surviving spouse of Dr. Aubrey L. Lewis, and her two children, must elect either to take by law or under the terms of the will of the late Dr. Lewis.

The appellee, Virginia L. Campbell, is a daughter of the deceased doctor by a prior marriage.

The trial court held that the appellants were put to an election. We reverse the judgment and render judgment as hereinafter indicated.

The pertinent sections of Dr. Lewis’ will are as follows:

“At the present time, I am married to Gladys M. Lewis and have been…