Stelzenmuller v. Carroll

GOODWYN, Justice.

This is an appeal from a decree of the probate court of Jefferson County rendered in connection with the estate of Richard Benito Carroll, deceased. The substantive question presented concerns the construction of § 18, Tit. 61, Code 1940, which provides as follows:

“The widow may, in all cases, dissent from the will of her deceased husband, and, in lieu of the provision made for her by such will, take her dower in the lands and such portion of the personal estate as she would have been entitled to in case of intestacy; except that if there are no children or their descendants…