Dow v. Dow
Supreme Judicial Court of Maine
On Facts agreed. Action of Dower. The statement of facts alleged a sufficient ground of action, if the construction, given to the will of the testator by the demandant, was correct. By his will, the testator gave all his personal property to the demandant, and all the rents and profits, and sole management and control of all his real estate (excepting what was therein bequeathed) until his youngest child should arrive at 21 years.
Read the full summary
On Facts agreed. Action of Dower. The statement of facts alleged a sufficient ground of action, if the construction, given to the will of the testator by the demandant, was correct. By his will, the testator gave all his personal property to the demandant, and all the rents and profits, and sole management and control of all his real estate (excepting what was therein bequeathed) until his youngest child should arrive at 21 years. To this clause was added —■ “ It is however distinctly understood, that it is not my wish or intention in any event, to deprive my said wife (demandant)' of the…
1Opinion of the Court
Howard, J. —
The demandant is entitled to dower, unless her claim is barred by her acceptance of the provision made for her in the will of her husband. It is provided by the Revised Statutes, (c. 95, § 13,) that where such provision is made, the widow shall elect whether to accept it or claim her dower; but she “ shall not be entitled to both, unless it appears by the will, that the testator so intended.”
The personal property of the husband was bequeathed to his wife, the demandant; and in the same clause of the will is a further provision for her benefit, in the language following : — “ It is…
2Cited by5 opinions
- Gannon v. AlbrightSupreme Court of Missouri · 1904
- Corn v. RoachCourt of Appeals of Kentucky (pre-1976) · 1928
- In re Estate of DavisSupreme Court of Iowa · 1872
- Estate of Fitzgerald, Superior Court of California, County of San Francisco1899
- Estate of LambCalifornia Superior Court · 1910