In Re Carothers' Estate

The issue involved is whether testamentary disposition, noneffective against the surviving spouse who elects to take under the law, may be made to someone other than the spouse so as to devise a two-thirds interest in the remainder of real property constituting the homestead.

Joseph W. Carothers died testate November 25, 1941, seized and possessed of an estate consisting of a quarter section of land in Greer county, comprising the family homestead, and personal property bequeathed in part and in the amount of $100 each to four daughters and two grandchildren. By will, dated August 12, 1939,.…