Fay v. Kent

Evans, J.-

The particular clause presented for construction was as follows:

“I give, devise and bequeath the sum of one dollar to my beloved wife, Katherine Fay, subject to her rights and dower interest allowed her by statute.”

The trial court construed the same as bequeathing to the beneficiary wife the sum of one dollar, and no more. It is the contention of appellant that the same should be construed as bequeathing to the beneficiary such share of the estate as would be awarded to the widow under the statute, if the testator had died intestate: that is to say, that its effect Avas to bequeath…