Stokes v. Norwood

Citations

• 44 S.C. 424
• 22 S.E. 417
• 1895 S.C. LEXIS 89

Syllabus

<p>1. Dowek — Election.—By her marriage a woman acquires for a valuable consideration the right of dower in all lands of which her husband was seized during coverture, and the husband cannot, by any act of his, deprive her of this right; but he may, by will, make-provision for his wife, which is expressly or by implication to be in lieu of her dower, and if she, with full information, accepts this provision, she thereby voluntarily elects to surrender her dower.</p> <p>2. Ibid. — -Ibid.—Land Conveyed Before Death. — A testator, owning two tracts of land, devised and bequeathed to his wife for life one of these tracts of land and all his personalty, and bequeathed to her f 1,000 absolutely, “in lieu of any dower on my estate.” The other tract of 279 acres he devised to his daughter. After making this will, testator conveyed this tract of 279 acres to this daughter. After testator’s death, the widow took possession of all that the will gave her, except the $1,000, which could not be paid to her, and sued for dower in the land conveyed to the daughter. Held, that this widow could not take under the will and claim dower also, but as she would not receive the $1,000 legacy, the Circuit Judge properly gave her thirty days to declare her election, whether she would retain what she had under the will or take dower in this land.</p> <p>3. Will — Construction—Punctuation.—The meaning of a will, as clearly disclosed by the context, cannot be controlled by punctuation marks or the absence of them.</p> <p>4. Dower — Election—Land Conveyed Before Death. — The requirement of an election on the widow’s part by the use of'the words, “in lieu of any dower on my estate,” includes this land afterwards conveyed to his daughter, the only other land of testator being that in which his wife was given an estate for life.</p>