McCutcheon's Estate

Opinion by

Mr. Justice Sadler,

Robert S. McCutcheon died in 1923, testate, leaving a wife, and a son by an earlier marriage. He gave to the former one thousand dollars, and the right to the use of the family residence. The larger part of the residuary estate was placed in a spendthrift trust for the bene fit of the wife during her lifetime, or as long as she remained a widow. Thirteen days after the husband’s death, and before the will was probated, the attorneys for the executor, and others intérested, secured from her a written election to take under the will. She was not represented by…