Virginia-Carolina Chemical Co. v. Ward

Citations

• 81 Fla. 358
• 88 So. 125
• 1921 Fla. LEXIS 615

Syllabus

<p>1. When a widow elects to take a child’s part in her deceased husband’s testate estate, such election repudiates the special provisions in such will for her benefit, but does not annul or repudiate the provisions of such will specially authorizing,, empowering or directing the executors named in such will to sell and convey specific property, though such election may entitle her to her child’s part in the proceeds of such . sale.</p> <p>2. Where it is alleged that a sale of decedent’s land was duly made by his executors and trustees under» his will, and this is not denied, the chancellor will not be held in error for sustaining exceptions to portions of an answer averring that the sale of decedent’s land was subject to the widow’s claim of a child’s part, since if the widow elected to take a child’s part, she takes subject to the valid provision of the will authorizing the sale of property, in the proceeds from which sale she may have the interest of a child’s part.</p>