In Re Estate Of Clarkson

193 Neb. 201, 226 N.W. 2d 334 (1975)

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Nature of the Case

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Facts

Testator's spouse (P) was mentally incompetent at the time he executed his will. In the will, he left one-fourth of his net estate to a bank as trustee. P was to have a life estate in the assets with a power of appointment. P was entitled to an elective share of one-fourth of the estate. Upon Testator's death, the court appointed a guardian ad litem for P to determine whether the court should allow P to take under the will, or it should take an elective share on her behalf. The Guardian recommended that the court take the elective share. The trial court refused, citing the desire to preserve decedent's testamentary plan. On appeal, the District Court reversed and took the elective share. The executor of the estate (D) appeals.