Cited by

3 See, Sammons v. Higbie’s Estate, 103 Minn. 448 , ; Poupore v. Stone-Ordean-Wells Co. 132 Minn. 409 , ; Rickert v. Wardell, 142 Minn. 96 , ; State ex rel.

The only effect of the selection is to give precision, so to speak, to the property which has already become hers on the husband’s decease.” In 1908, in the case of Sammons v. Higbie’s Estate, 103 Minn. 448 , , opinion by Justice Brown', it was contended by counsel that the abandonment by Mrs. Higbie of her husband and his home barred any claim to the property granted her by the statute.

See Benjamin v. Laroche, 39 Minn. 334 , ; Sammons v. Higbie’s Estate, 103 Minn. 448 , ; Strom-berg v. Stromberg, 119 Minn. 325 , ; Barrett v. Heim, 152 Minn. 147 , ; In re Estate of Fults, 177 Minn. 334, 336 , .

Compare Sammons v. Higbie’s Estate, 103 Minn. 448 , .

In Sammons v. Higbie’s Estate, 103 Minn. 448 , , it was held that the statute vested in the widow an unqualified right to this amount of property immediately upon the husband’s death and that selection is necessary only as a designation of the particular property she elects to claim.

Stromberg v. Stromberg, 119 Minn. 325 , ; Sammons v. Higbie’s Estate, 103 Minn. 448 , .

Nothing was said in Sammons v. Higbie’s Estate, 103 Minn. 448 , , to warrant plaintiff’s contention that a widow may sue the administrator of her husband’s estate to recover from him, individually, the value of the share in the personal property left by her husband which she is entitled to select as her statutory allowance.

G. S. 1913, § 7337; Wilson v; Proctor, 28 Minn. 13 , ; Sammons v. Higbie’s Estate, 103 Minn. 448 , ; Nordlund v. Dahlgren, 130 Minn. 462 , , Ann. Cas.

Sammons v. Higbie’s Estate, 103 Minn. 448, 458 , .

See Sammons v. Higbie’s Estate, 103 Minn. 448 , , and Stromberg v. Stromberg, 119 Minn. 325 , .

y allowed her by subdivision 1, § 1, chapter 51 [R. L. 1905, § 3653] is as absolutely vested the instant of the death of her husband as that to her distributive share of the balance of the estate, the only difference-being that in the one case the property is subject to administration,, and in the other not.” That this is now the law appears clearly from the opinion in Simmons v. Higbie’s Estate, 103 Minn. 448 , , where Mr. Justice Brown says with reference to a widow’s right under this statute:

Some aspects of this case were before this court in Sammons v. Higbie’s Estate, 103 Minn. 448 , .