Hair v. Goldsmith

Citations

• 22 S.C. 566
• 1885 S.C. LEXIS 52

Syllabus

<p>1. The right of dower is by operation of law', and beyond the control of the husband; but he may give property to his wife by will upon condition that she surrender her claim of dower, in which ease she is put to her election between the legacy or devise and the dower.</p> <p>2. The right of dower is a legal right, and a devise to the widow cannot be held to be in lieu and bar of dower, unless so declared, or unless manifestly repugnant to a claim of dower.</p> <p>3. A testator, seized and possessed of 361 acres of land, bequeathed specifically some goods of little value, 5500 in lieu of administrator’s commissions, and to his grandchildren O., a note on their father, and devised four-tenths in value of his lands to his widow for life, with remainder to their daughter A., and to his grandchildren B. and C. three-tenths each, and named persons to make such division of his lands. Held, that the provision for the widow was intended to be in lieu and bar of dower. Me. Justice McIvee dissenting.</p> <p>4. The widow having, under her hand and seal, elected to take the devise to her under this will, she cannot claim dower in the lands assigned to B. and C., notwithstanding she made such election very soon after her husband’s death — there being no imposition, misrepresentation, nor persuasion practised upon her.</p>