Garrard v. Lang

MADDOX, Justice.

This case presents an issue of the validity of a widow’s purported waiver of her right to an elective share of her deceased husband’s estate, and of her homestead and exempt property allowances.

Mr. Barney Garrard died testate on November 28, 1984, in Marion County, Alabama. His will, executed October 29, 1982, provided, in part, as follows:

“ITEM TWO: I hereby acknowledge that at the time of the making of this my Last Will and Testament, I am married to Lela Garrard ..., but that we have been separated, living apart from each other, since 1955. I do hereby give, devise and be*558que…