Estate of Prager
Supreme Court of California
137 P. 37 (1913)
Relevant factsFree
Charles's will bequeathed all his out-of-city property to extended family members including Fannie Cohn (plaintiff), and his surviving widow Mary (defendant) informed the beneficiaries she intended to claim her one-half community-property interest in addition to whatever Charles separately left her under the will; Cohn petitioned the court to declare Mary's election to claim her community-property share was made in lieu of any other bequests, but the trial court dismissed the petition.
IssueFree
Whether a surviving spouse may elect to take his or her one-half share in all community property owned with a decedent spouse in addition to receiving any other bequests under a decedent spouse's will.