Benton v. . Alexander

While decided differently in many jurisdictions, it is settled law in this State that, nothing else appearing, a beneficiary under a will, wbo is under tbe necessity of making an election, bas exercised tbat privilege by offering tbe will as executor and procuring its probate. Mendenhall v. Mendenhall, 53 N. C., 287; Tripp v. Nobles, 136 N. C., 99, 48 S. E., 675; Elmore v. Byrd, 180 N. C., 120, 104 S. E., 162; Syme v. Badger, 92 N. C., 706.

Tbe question presented bere is whether tbe plaintiff in tbis action was put to ber election under tbe terms of ber husband’s will. Bearing upon tbe issues…