Callaham v. Robinson

Citations

• 30 S.C. 249
• 3 L.R.A. 497
• 9 S.E. 120
• 1889 S.C. LEXIS 103

Syllabus

<p>■Testator made a handsome bequest of personalty to his wife, and devised to her for widowhood- or life, nearly one-third of his lands in acreage, with remainder as to one-third thereof to her and her heirs in fee. He further devised other lands to the children of a deceased, son, to be sold by his executors as they might think for the best interest of his children, and his remaining lands to his daughter for life, and at her death to be sold by his executors and the proceeds divided among her children. Meld, that the equality manifested on the face of this will, and the scheme of division provided for, and the power of sale given to the executors (of whom the widow was one), indicated an intention by testator that the widow’s share was in lieu and b.ar of her dower in the lands given to his issue, and she having accepted the provisions made for her by the will, could not claim such dower. Mr. Justice McIver, dissenting.</p>