Watson v. Christian
Court of Appeals of Kentucky
Oases 9 and 10 — PETITIONS EQUITY APPEALS FROM FAYETTE COMMON PLEAS COURT. 1. He who accepts a benefit under a will must adopt its whole contents, conforming to all its provisions and renouncing every right inconsistent with it. (1 Jarman on Wills, page 378; 1 Bishop on the law of Married Women, page 400; 2 Story’s Equity, page 491.) 2. A widow under misapprehension of her rights will not be held to have made a conclusive election.
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Oases 9 and 10 — PETITIONS EQUITY APPEALS FROM FAYETTE COMMON PLEAS COURT. 1. He who accepts a benefit under a will must adopt its whole contents, conforming to all its provisions and renouncing every right inconsistent with it. (1 Jarman on Wills, page 378; 1 Bishop on the law of Married Women, page 400; 2 Story’s Equity, page 491.) 2. A widow under misapprehension of her rights will not be held to have made a conclusive election. (2 Redfield on Wills, p. 754; 2 Scrib. on Dower, p. 488.) Under some circumstances a widow may postpone her right of election beyond the twelve months prescribed…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion of the court, JUDGE PRYOR DISSENTING.
This appeal questions the correctness of the judgments of the court below in adjudging a sale of the house and lot de*525vised to appellant by her late husband in payment of debts incurred by testator in his lifetime.
By his will the testator devised to the appellant all his estate for and during her natural life, and if his sister, Mrs. Dodge, survived appellant, she was to have one third of his estate, but otherwise the appellant had the general power to dispose of the testator’s estate as she might think proper.
At his death…
2Cases cited1 opinion
- Vance v. Campbell's HeirsCourt of Appeals of Kentucky · 1833
3Cited by10 opinions
- Pilcher v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1888
- Bayes v. HowesCourt of Appeals of Kentucky · 1902
- Myers' Guardian v. Myers' Adm'rCourt of Appeals of Kentucky · 1890
- Atchison v. AtchisonCourt of Appeals of Kentucky · 1899
- Thompson v. ThompsonCourt of Appeals of Kentucky · 1907
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