Helmly v. SAVANNAH BANK & TRUST COMPANY OF SAVANNAH

Nichols, Justice.

The case was tried upon an agreed statement of fact. The contention of the appellants is that such agreed statement of fact demands a finding that the widow abandoned (by failing to make an election) her "child’s share” of the realty and is only entitled to dower, should she timely claim the same.

The contention of the widow is twofold. First, that no election was necessary, and second, if such election was necessary, it had been made.

The agreed statement of fact discloses that from the time of Mr. Helmly’s death until October 5, 1970, all parties concerned considered that the…