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BOYER v. BEALOR

No. 14981.

271 F.2d 845 (1959)

Edward L. BOYER, Administrator C.T.A., and Party at Interest as Heir at Law of the Estate of Florence L. Rice, deceased, Administration No. 96,757, Appellant, v. Orpha L. BEALOR, Executrix and Trustee of the Estate of Thomas M. Rice, deceased, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 5, 1959.

Attorney(s) appearing for the Case

Mr. Vivian O. Hill, Washington, D. C., with whom Mr. Talmadge M. Thorne, Washington, D. C., was on the brief, for appellant.

Mr. Edwin A. Mooers, Jr., Washington, D. C., with whom Mr. Edwin P. Marmorstone, Washington, D. C., was on the brief, for appellee.

Mr. Daniel B. Maher, Washington, D. C., guardian ad litem, for Florence L. Rice, now deceased.

Before EDGERTON, BAZELON and FAHY, Circuit Judges.

PER CURIAM.

Unless a widow is incompetent, she may renounce her husband's will and take what she would have taken had he died intestate. D.C.Code (1951) § 18-211. In the present case, before and also after the death of Florence Rice, an incompetent widow for whom guardians ad litem were appointed, the guardians concluded that the provision for her in her husband's will should be accepted. After the death of the widow, the District Court expressed its agreement...

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