59-404. Effect of election to take under will by spouse.

59-404

Chapter 59.--PROBATE CODE Article 4.--HOMESTEAD AND FAMILY ALLOWANCES

      59-404.   Effect of election to take under will by spouse.The surviving spouse, by electing to take under the will of the decedentor by consenting thereto, does not waive the homestead right nor the rightto such allowance, unless it clearly appears from the will that theprovision therein made for such spouse was intended to be in lieu of suchrights.

      History:   L. 1939, ch. 180, § 22; July 1.