Wall v. Dickens

Citations

• 66 Miss. 655

Syllabus

<p>1. Husband and Wine. Partial intestacy. Failure of widow to renounce will. Code 1871, U 1281-1288,1788, 1952. Acts 1876, p. 193.</p> <p>Under the code of 1871 as amended by the act of 1876, where there are no children nor descendants of them, the widow of a testator, who is one of the beneficiaries under the will of her husband which disposes of a portion of his estate, does not, by a failure to renounce the provisions of the will, lose her right as sole heir to inherit the remainder of the property as to which the husband died intestate.</p> <p>2. Same. Flection. Devise in lieu of dower or legal share. Renunciation. Widow as sole heir.</p> <p>Under $$ 1286, 1287, code 1871, the rule as to a provision by the will of the husband and its acceptance by the widow, being in lieu of her “ dower in land,” or “share in personalty of the estate,” applies only when the widow is one of several heirs, who would be entitled, in the absence of a will, to share with her in the estate of the deceased. Where there are no children this statute has no application, and the widow may accept under the will, and, in preference to collateral heirs, will still inherit the remainder of the estate which is not disposed of by the will.</p>