Wilson v. Woodward

Citations

• 41 S.C. 363
• 19 S.E. 685
• 1894 S.C. LEXIS 74

Syllabus

<p>1. Dower — Election—Findings oe Pact. — After intestate’s death, the widow and children met together for the purpose (it was testified to, but said to be contradicted,) of turning over the intestate’s estate to the widow in release of her claim of dower. The children thereupon, by deed, transferred all of the estate to the widow for life on the alleged consideration that they had received a fair share of property from the intestate during his lifetime, and one of the children released a judgment held by her against intestate. In action brought by the widow six years afterwards to recover dower in a tract of land conveyed by intestate to one of his children, held, reversing the trial judge on the facts, that the widow was not entitled to recover dower.</p> <p>2. Costs. — Both parties being at fault, costs were ordered to be paid in part by each. Mr. Chiee Justice McIver dissenting.</p>