Cain v. Barnwell

Citations

• 124 Miss. 860
• 87 So. 481

Syllabus

<p>Whxs. Statutory provision that on renunciation husband shall be entitled to one-half of wife’s estate does not -limit his rights as heir to property not devised.</p> <p>That part of section 5086, Code of 1906 (section 3374, Hemingway’s Code), providing that the husband, upon renouncing the will, shall be entitled to only one-half of the real and personal estate of his wife, refers only to the property devised and bequeathed under the will, and in no wise limits or circumscribes the husband’s rights as so,le heir at law to inherit all of the property under the laws of descent and, distribution not deviled or bequeathed by the will. This provision only limits his right to take one-half of the property devised or bequeathed by the will.</p>