In re Estate of Patzner

The opinion of the court was delivered by This was an action by a widow to set aside her written consent
to her husband's will and to permit her to take according to her
later election under the law of intestate succession. Defendants were a brother of the testator, a beneficiary under
his will, and the administrator of decedent's estate. The probate
court denied the relief sought by the widow and she appealed to
the district court. It tried the action de novo and affirmed
the judgment of the probate court. The district court expressly
found the widow's consent to the will was freely, understandingly
and intelligently made. That finding is the principal ground of
the widow's appeal to this court.