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MATTER OF ESTATE OF MILLER

No. 4439.

541 P.2d 28 (1975)

In the Matter of the ESTATE of William M. MILLER, Deceased. Donna Jane FLINN, Ancillary Administratrix with Will Annexed, Appellant, v. J. Patrick HAND, Administrator, Estate of Leona Miller, Deceased, Appellee.

Supreme Court of Wyoming.

Rehearing Denied November 17, 1975.

Attorney(s) appearing for the Case

Robert P. Schuster, Casper, for appellant.

J. Patrick Hand of Hand, Hand & Hand, P.C., Douglas, for appellee.

Before McCLINTOCK, RAPER and ROSE, JJ.

McCLINTOCK, Justice.

Two questions are presented by this appeal: First, whether the statutory option given a surviving spouse to elect against the provisions of a will and take a designated portion of the estate of the decedent may be exercised by an administrator or executor of the estate of a surviving widow who died prior to the time that the will was offered for probate in this state; second, and if the answer to the first question is in the negative, whether...

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