Equitable Election doctrine does not apply where will did not dispose of entireties property

The decedent’s will gave one-half of the residue to hissurviving spouse and directed that the spouse receive the couple’s hose as partof that one-half. At the time of the decedent’s death, the couple owned theirhome as tenants by the entireties. On closing the estate as the personalrepresentative, the surviving spouse did not include the value of the hose inthe calculation of the distribution of the residue. Affirming the lower court’sapproval of the spouse’s closing the statement, the court in Mainsource Bankv. Estate of Hermann, 843 N.E.2d 69 (Ind. Ct. App. 2006) said the doctrine of equitable election did not apply because the will did not clearly attempt to dispose of the entireties property.