McMurphy v. Boyles

Citations

• 49 Ill. 110

Syllabus

<p>1. Wills—extent of widow's claim to the personalty of her husband who dies testate—leaving no lineal descendants—and she renounces the will, A husband died testate, leaving a widow, but no children or lineal descendants, and provided, in his will, that the income of one-half of his personal estate should be paid to his widow during her life, and at her death should be distributed among his collateral kindred, and bequeathed the other half to various persons. The widow renounced the will, and set up claim to the entire personal estate: Held, that in such case, the widow was only entitled to one-third of the personal property remaining, after the payment of debts, in addition to the award of specific property.</p> <p>2. Same—renunciation of—does not render the testator's properly intestate. By the widow’s renunciation of the will, the property of her husband is not thereby converted into an intestate estate. The will remains, notwithstanding she declines its provisions in her favor; and in such case, the 46th section of the statute of wills, which applies only to intestate estates, has no application.</p> <p>3. Statutes—construction of sec. 10 of the dower act. The phrase, “ her share in the personal estate of her husband, ” which occurs in the 10th section of the dower act, must be understood as intending to give to the widow, in such case, only such share of the personal estate as shall be equal to one-third part.</p>