Nelson's Adm'r v. Kownslar's Ex'or

Citations

• 79 Va. 468
• 1884 Va. LEXIS 103

Syllabus

<p>1. Dower—Provision in Lieu.—Under Code 1860, chapter no, sections 4 and 5, in order that provision for wife in will of husband shall be held to be in lieu of dower, the will must so declare in terms, or the conclusion from the provisions of the will must be as clear and satisfactory to that effect as if it was so expressed. Secus under Code 1873, chapter 106, section 4.</p> <p>2. Idem—Idem—Election.—Under Code 1860, no question of election between dower and provision in lieu thereof arises, unless the intention to bar dower is clear. Under Code 1873, unless the intention plainly appears not to bar dower, the election must be made by the widow between the dower and the provision, as prescribed by section 5 of chapter 106.</p> <p>3. Distributive Share—Provision by Will—Election.—But under Code 1860, chapter 123, section 12, and likewise under Code 1873, chapter 119, section 12, when any provision for a wife is made in her husband’s will, she may, within one year from the admission of the will to probate, renounce such provision, and take such share of his personal estate as she would have had if he had died intestate.</p> <p>4. Chancery Practice—Commissioners—Accounts.—Under decree, a master settles accounts an'd reports a balance as due executrix, and the report is confirmed. Later, another master is ordered to take an account of further receipts and disbursements. It is proper he should make that balance the basis of his settlement.</p> <p>5. Idem—Idem—Reference.—Where a cause is referred for ascertainment of certain matters by enquiry and proof, it is improper for the chancellor, before such enquiry has been made and proof taken, to forecast the master’s report and make him a mere copyist thereof.</p> <p>6. Idem—Decrees—How Disturbed.—When a decree has been once entered and the term ended, that decree can be disturbed only by petition to rehear, bill of review, bill to impeach, or by appeal. Wooding's Ex’x v. Bradley's Ex’or & als., 76 Va. 614, considered and ex