Mr. Chief Justice PARKER delivered the opinion of the court.
A nephew of Alf Diefenderfer, deceased, on behalf of himself and others similarly situated challenged the constitutionality of § 2-47, W.S. 1957, after the executor of Diefenderfer's surviving spouse had elected to take under the provisions of the statute in lieu of the will. Plaintiff filed a motion for summary judgment supported by affidavit, and on hearing the trial judge found there was no genuine...
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