Hiers v. Gooding

Citations

• 43 S.C. 428
• 21 S.E. 310
• 1895 S.C. LEXIS 173

Syllabus

<p>1. Dowek — Devise—Election.'—A wife cannot be deprived of her right to dower by any devise of her husband, but he may by will make provision for his wife in substitution for her dower, and if she elect to accept such provision, she forfeits her dower by her own act of election. But she is not put to an election, unless it appear upon the face of the will, either in express terms or by necessary implication, that the testator intended to annex as a condition to tlie provision made for his wife that she should surrender her right of dower.</p> <p>2. Ibid. — Ibid.—Ibid.—Where a will declares that testator’s widow shall be allowed to remain at the homestead with its devisee during life or widowhood, and to be provided with a support out of the proceeds of the estate, for which purpose the entire estate is to be kept together during her life or widowhood, and another house on the place is to be provided for her or the devisee if she and the devisee cannot live together agreeably, such will gives no estate to the wife, but an annuity charged upon the estate, and does not expressly declare that the provisions for her are in lieu of dower, and they are not so manifestly repugnant to the right of dower that the two cannot stand together, and, therefore, the will does not clearly imply an intention to exclude dower. Therefore, this widow, by an acceptance of the provisions of this will for her, did not surrender her right to dower.</p> <p>3. Case Criticised. — This case distinguished from Sumerel v. Sumerel, 34 S. c., 85.</p>