Stone v. Vandermark

Citations

• 146 Ill. 312
• 34 N.E. 150

Syllabus

<p>1. Winns—power—devise to bar dower. A devise of real estate by a testator to bis widow, to be used and enjoyed by her so long as she shall remain his widow, is such a devise in lands, within the meaning' of section 10 of the Dower act, as will bar the widow’s dower, unless otherwise expressed in the will; but the widow has the right to elect to take under the will, or renounce its provisions and take under the statute.</p> <p>2. Same—widow's election as to dower — when it must be exercised. Under section 11 of the Dower act, a widow, to whom land is devised by her husband, will be under no obligation to make an election whether to take under the will or the statute, until letters testamentary or of administration shall have been issued; and after the issue of such letters she can make her election at any time she sees proper, within one year from the date of the letters. The widow is entitled to know the condition of the estate before making her election. But the time thus given to the widow may be waived, so that if the widow, with a knowledge of all her rights, elects to take under the will, she will be bound by such election.</p> <p>3. The general rule is, that a party is not bound to make any election between rights until all the circumstances are known and the state and condition and value of the fund or property are clearly ascertained, as, until then, it is impossible for the party to make a discriminating and deliberate choice.</p> <p>4. Same—widow’s right of election to take under the will—facts showing an exercise of the right. A testator by his will gave his widow all his personal property, and certain land to be used by her during her widowhood. She was present when the will was read, and appeared satisfied with it. Upon the testator’s death she took possession Of the personal property and went into possession of the farm, and received the rents and profits thereof. The personal property, however, did not amount to more than her specific allowance, if