Cooley v. North
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; Dower is a freehold estate, growing out of marriage, seizin and the death of the husband. 5 Ark. 608 * 8 Id. 9; 19 Id. 424; 31 Id. 576-9. It is a favorite of the courts. 11 Ark. 82; 11 Id. 103. It can only be released by some instrument of writing. 21 Ark. 62; Kirby & Castle’s Digest, § § 2916, 3982, 3984. 2. There never was an election to take under the will.
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Appeal from White Circuit Court; J. M. Jackson, Judge; Dower is a freehold estate, growing out of marriage, seizin and the death of the husband. 5 Ark. 608 * 8 Id. 9; 19 Id. 424; 31 Id. 576-9. It is a favorite of the courts. 11 Ark. 82; 11 Id. 103. It can only be released by some instrument of writing. 21 Ark. 62; Kirby & Castle’s Digest, § § 2916, 3982, 3984. 2. There never was an election to take under the will. Kirby & Castle’s Digest, § 2913; 117 Ark. 144; 52 Ark. 193; 55 Id. 222; 56 Id. 532; 29 Id. 418; 64 Id. 1; 117 Id. 144; 3 N. J. Eq. 597; 17 N. M. 597; 131 Pac. 1004; 49 L. K. A. (N.…
1Opinion of the Court
HART, J.,
(after stating the facts). In most States the statutes point out the manner in which the widow shall declare her election between the provisions in her favor contained in her husband’s will and her dower under the law. In this State when the husband devises lands to his wife and also bequeaths her personal property, she may make her election between the testamentary provision and dower, and by a deed of release executed to the heirs, renounce the benefits of the will, at any time within eighteen months. Pumphry v. Pumphry, 52 Ark. 193.(1) The present suit was instituted by the widow…
2Cases cited1 opinion
- Pumphry v. PumphrySupreme Court of Arkansas · 1889
3Cited by2 opinions
- McEachin v. People's National BankSupreme Court of Arkansas · 1935
- Lucas v. LacySupreme Court of Arkansas · 1925