Sumerel v. Sumerel

Citations

• 34 S.C. 85
• 12 S.E. 932
• 1891 S.C. LEXIS 22

Syllabus

<p>1. Dower — Provisions op Wili. in Lieu op Dower. — The wife’s right of dower being beyond the control of her husband, she is entitled to dower in lands by him devised, unless the party resisting her claim can show that the provisions made for her by her husband’s will were, expressly or by necessary implication, intended to be in lieu of dower, and unless she has made the election, in such case put upon her by the will, to accept the provisions of the will.</p> <p>2. Ibid. — Ibid.—There being in this will no express declaration that the provision for the widow was in lieu of dower, and no necessary implication of such an intention, she is entitled to dower in the lands devised. For the provision for the widow being very small, there being no devise to the beneficiaries as tenants in common, no scheme of distribution which would he defeated other than the diminution of the interests of the devisees, and there being a direction to sell the lands devised, the will and the claim for dower are not so manifestly repugnant t'hat they cannot stand together.</p> <p>3. Ibid.. — -Ibid..—Agreement.—An agreement by the widow to accept the terms of the will and to abide by its provisions cannot affect her right to dower where the will does not put her to an election.</p> <p>4. Ibid. — Ibid.—Other Instruments. — A conveyance by testator, just before his death, of a, tract of land to his step-child, the daughter of his widow, based in part upon a valuable consideration, cannot affect the question of the widow’s right to take under the will and also dower in the lands of which testator died seised.</p>