Merchants' Nat. Bank of Mobile v. Hubbard

The Code, § 10593, has the effect of preventing the husband against the dissent of the wife from making provision for her different from her dower rights and distributive share. Her failure to dissent amounts to a forfeiture of such rights. Therefore an agreement on her part, made with her husband prior to bis death, in effect that she will not dissent but will accept the provisions of the will, is virtually an agreement that she thereby foregoes her dower and distributive share in his estate in consideration of the XDrovisions of the will.

The rule was stated at an early date in Alabama, and…