Alexander v. Rhodes

This is a case of first impression. Able Briefs have been filed and lucid argument made by both sides to this controversy.

Although more than one Assignment of Error has been made, the basic question determinative of the case is as follows:

* ‘ Can a testator in his will require that a beneficiary under his will, who has no claim on the estate absent the will, dismiss litigation pending against the testator as a condition precedent to receiving a bequest or devise under the will, it being specifically provided in the will that — ‘This election to take under this will, or to pursue the pending…