Smith v. Baldwin

This was a bill in chancery by Margaret Smith, widow of William H. Smith, deceased, praying dower in her late husband’s estate. The defence set up was that her deceased husband left a will in which pecuniary provision was made for the plaintiff. The Court below dismissed the bill. The only question made or arising in the case is upon the construction to be given to section 101, R. S., p. 431, which is as follows:

“ If lands be demised to a woman, or a pecuniary or other provision be made for her by the will of her late husband, in lieu of dower, she shall make her election whether she will…