Williams v. Campbell

Citations

• 85 Kan. 631
• 118 P. 1074
• 1911 Kan. LEXIS 128

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — Devise by Husband of all His Property — When Invalid. A husband can not devise or bequeath away from his wife more than one-half of his property without her consent, and a will purporting to give the whole of his lands to persons other than his wife, when her consent has not been given, will not operate to transfer or affect the half interest to which she is entitled.</p> <p>2. - Law Makes Election when Widow Fails to Elect. A widow may elect whether she will accept the provisions made for her in a will executed by her husband or take what she is entitled to under the statute of descents and distributions, but if she fails to make an election the law makes one for her, and, therefore, her failure amounts to an election to take the share she would have taken if her husband had died intestate.</p> <p>3. - Failure of Widow to Contest or Elect — Limitation of Actions. In such a case the fact that she did not contest the will within the period allowed for contest in sections 19 and 20 of the act relating to wills (Gen. Stat. 1909, §§ 9795, 9796), and the further fact that she did not elect whether she would take under the will or under the statute, will not bar or preclude her from claiming and defending her interest and share in her husband’s property.</p>