Bannister v. Bannister

Citations

• 37 S.C. 529
• 16 S.E. 612
• 1892 S.C. LEXIS 59

Syllabus

<p>1. Will—Doiver—Election..—-The legal right of the wife to dower in the lands of her husband cannot be defeated by his last will and testament; but if, by his will, he makes a provision for his widow, and declares it to be in lieu of dower, or his will, taken as a whole, shows an intention that the provision for the widow was not to be in addition to her dower, then she must elect between the two, the will and the dower, and cannot take both.</p> <p>2. Ibid.—Ibid.—Ibid.—Where a childless testator bequeaths his furniture to his widow absolutely, and directs his executors to convert all of the remainder of his real and personal property into money, and then “to divide the entire estate into two equal parts,” and bequeaths one moiety to his brother absolutely, and gives the other moiety to be controlled and managed by his executors, who are to pay over the income thereof to his widow for life, and after her death to pay over this moiety to his nephews, the provision for the widow was intended to be a substitute for her dower, and she, having elected to take under the will, could not afterwards claim dower. Hr. Chief Justice McIver dissenting.</p>