59-404. Effect of election to take under will by spouse.
The surviving spouse, by electing to take under the will of the decedent or by consenting thereto, does not waive the homestead right nor the right to such allowance, unless it clearly appears from the will that the provision therein made for such spouse was intended to be in lieu of such rights.
History: L. 1939, ch. 180, § 22; July 1.