Bendell v. Bendell

Charles C. Bendell, when 80 years of age, made a will by which he devised to a friend, Clarence Ayres, a one-half interest in his residence and devised and bequeathed to his son all the rest and residue of his property. Eight months later he married and some three and a half years after his marriage he died. He made no provision for his wife by marriage contract nor was she provided for or mentioned in the will. She was appointed administratrix with the will annexed. During proceedings in probate the residence property was sold, the administration was closed, and the estate was distributed, one-half thereof, amounting to $2,035.14, to the widow, the sum of $1,460.14 to Clarence Ayres, “being one-half of the value of the sale of real estate devised to him plus one-half of rental therefrom, without deduction of any charges of administration expense” and the residue, amounting to some $670, to the son, William W. Bendell, who prosecutes this appeal from the order settling the final account and decreeing distribution. The appeal is upon the judgment roll.

The widow’s right to take one-half of the estate results from the fact that the will was inoperative as to her by virtue of…