HALLOWS, J.
The issue presented is whether sec. 238.02 (2), Stats., applies to the facts of this case. Sec. 238.02 (2) provides:
"(2) Neither the acceptance of a bequest or devise, nor the participation of the legatee or devisee in the probate proceeding, shall constitute an election by him to forego, waive, or convey his pre-existing interest or right of survivorship in any property which the will or codicil attempts to bequeath or devise to another person...
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