Allen v. Tressenrider

Citations

• 72 Ohio St. (N.S.) 77

Syllabus

<p>Widow elects whether to accept dower of lands — Or provisions of husband’s will in lieu thereof — Property specifically devised to be taken for payment of testator’s debts — Widow should be advised of result of election — Section 5968, Revised Statutes — If widow takes in lieu of dower, must contribute to debts of testator — Section 5978, Revised Statutes.</p> <p>1. When, a widow is cited to appear in the probate court and elect whether she will be endowed of the lands of her deceased husband or accept the provisions of his will in lieu thereof, and it appears that property specifically devised must be taken for the payment of the testator’s debts, she is entitled, by favor of section 5963, Revised Statutes, to be judicially advised whether, if she accepts the provisions of the will, she will be obliged to contribute her proportion of the loss to the person from whom the property so devised is taken.</p> <p>2. If, in such case, she elects to accept the devise in lieu of dower, the obligation to contribute is imposed upon her by the comprehensive terms of section 5973, Revised Statutes: “When any estate, real or personal, that is devised shall be taken from the devisee for the payment of the debts of the testator, all other devisees and legatees shall contribute their respective proportions of the loss to the person from whom such estate is taken.”</p>