Herzog v. Trust Co.

Citations

• 67 Fla. 54
• 64 So. 426

Syllabus

<p>1. As tlie statutes afford no rule for determining by what “act and operation of law” a will of real estate may be revoked, the rules of the common law must be applied.</p> <p>2. At common law marriage alone did not cause a revocation by operation of law of a prenuptial will of a man, the wife having her dower rights, notwithstanding the will</p> <p>3. Under the laws of this State the wife’s statutory dower rights in her husband’s property are not only superior to the husband’s will, but those statutory dower rights are more liberal to lire widow than were the common law dower rights.</p> <p>4. As a widow is liberally provided for by her statutory rights in her husband’s estate, which she may have notwithstanding the execution of a will by a husband, whether executed before or ofter the marriage, there is no good reason for a judicial change of the common law rule that marriage alone does not cause a revocation of a man’s will, when the rule has not heen changed by statute.</p>