Coane's Estate

Stearne, J.,

dissenting. — Three of our judges are unable to concur in the judgment of the court. Where a testator by his will modifies the terms of an antenuptial agreement and his widow elects to take under the will, we would rule that she has thereby assented to such modification. Under such circumstances we would decline to permit the widow to accept some of the provisions of the will when to her benefit but reject others when subsequently they operate to her detriment. In our opinion, she must either reject the will in its entirety or remain loyal to all of its directions.

This testator,…