This section contains the nature of the case and procedural background.

Carroll Cross, died testate leaving his entire estate to his son (D). Beulah (P) was the surviving spouse, and the son was not her child. Beulah was near 80 years old and was suffering from Alzheimer's disease and due to her inability to make an election to take against the will, the probate court appointed a commissioner who investigated the matter and determined that Beulah should elect against the will and get $25,000 in spousal support and one half of the net estate which was $9,000. The son appealed the probate court's decision. While the appeal was pending, Beulah died. The court of appeals reversed.

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