Smith v. Davis

Candler, Justice.

(After stating the foregoing facts.) We deal first with the exceptions pendente lite. The provision made for the caveatrix by the testator’s will was in lieu of a year’s support and dower. Upon the ground that it constituted no defense, the court on motion struck that paragraph of the amended caveat which objected to probate upon the ground that the testator had by his will sought to settle her right to a year’s support upon his own terms and conditions; and having applied for a year’s support from the estate, she was, under the express provisions of the will, excluded…