Stevens v. Rogers

This is an action by the husband of a testatrix to recover a greater interest in his wife’s estate than she had left him by will, after he had accepted partial distribution. The question is whether he must be held in law to have elected to take under the will.

Martha Tingling Stevens died in February, 1934, leaving as heirs, S. M. Stevens, who was her husband, and certain half-brothers and half-sisters. She owned property which had been willed to her by her first husband, James Tingling. Before her death she executed a will by which she gave certain pieces of jewelry to her nieces, and…