McDonough v. Haskell

The plaintiff’s decedent, the widow of the defendant’s decedent, released her rights of dower and homestead in his estate for the declared purpose of taking the distributive share described in the statute. P. L., c. 306, s. 11.

The husband left a will, in which there was the following clause: “I give, bequeath and devise, unto my wife such part of my estate as she may be legally entitled to under the laws of descent and distribution of the State of New Hampshire.” It is claimed that this was a provision “of his will in her favor” (P. L,, c. 306, s, 11), which must be waived by her before she…