59-2234. Election in case of incapacity.
59-2234
59-2234. Election in case of incapacity.If the surviving spouse shall be an incapacitated person, it shall bethe duty of the court to appoint some suitable person as commissioner, whoshall ascertain the value of the provision made by will in lieu of therights in the estate secured by statute and the value of the rights securedby statute. The commissioner shall make his or her verified written report to thecourt. Notice of the time and place of the hearing of the petition for theappointment of a commissioner and of the hearing on the commissioner's report shall begiven to the surviving spouse and his or her conservator, if any, and all otherpersons interested in such manner and for such length of time as the courtshall direct. After the hearing on the report the court shall make suchelection for such spouse under disability as is more valuable oradvantageous to the spouse, which election shall be deemed as effectual asif made by the spouse when fully competent.
History: L. 1939, ch. 180, § 210; L. 1965, ch. 346,§ 33; Jan. 1, 1966.