 | Law - 1836 - 544 pages
...shall pass thereby in the same manner, as if possessed at the time of making his will, if such clearly appears by the will', to have been the intention of the testator. This destroys the operation of the well-known rule of the common law on this head. This same chapter... | |
 | Benjamin Franklin Hall - Real property - 1847 - 480 pages
...provision or be endowed of his lands ; but she shall not be entitled to both, unless it plainly appear by the will to have been the intention of the testator...should have such provision in addition to her dower." [Stat. Wills, Sec. 45.] The intention should be declared in the instrument, if such were the purpose... | |
 | Benjamin Franklin Hall - Real property - 1849 - 482 pages
...provision or be endowed of his lands ; but she shall not be entitled to both, unless it plainly appear by the will to have been the intention of the testator...should have such provision in addition to her dower." [Stat. Wills, Sec. 45.] The intention should be declared in the instrument, if such were the purpose... | |
 | Hawaii - Constitutions - 1852 - 154 pages
...she shall within six months after probate of the will, make her election or be endowed of his lands; but she shall not be entitled to both, unless it plainly...should have such provision, in addition to her dower. SECTON 15. This act shall take effect from its passage, and repeal all acts, or parts of acts in contravention... | |
 | Ohio - Law - 1852 - 362 pages
...probate of the will, make her election, whether she will take such provision, or be endowed of his lands; but she shall not be entitled to both, unless it plainly...should have such provision in addition to her dower. ma™ m be s i^ued SEc ' 45 ' If tne widow of l ^ e testator shall be unable to in case of ina. appear... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1901 - 864 pages
...lands so devised or the provision so made, or whether she will be endowed of the lands of her husband ; but she shall not be entitled to both, unless it plainly appears by the will to have been so intended by the testator." 3 Comp. Laws 1897, § 8935. "When a widow shall be entitled to an election... | |
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1888 - 662 pages
...thereby, in like manner as if possessed at the time of making the will, if such clearly and manifestly appears by the will to have been the intention of the testator." Gen. Statutes, ch. 92, sec. 4. In 1 Redfield on Wills, 385, it is said : — " General devi>es and... | |
 | Oregon - Law - 1855 - 670 pages
...ifflons so made, or whether she will be endowed by the lands of her i>««>i<i. •»*>; | husband ; but she shall not be entitled to both, unless it plainly * appears by the will to have been so intended by the testator. SEC. 19. When a widow shall be entitled to an election, under when deemeither... | |
 | Michigan, Thomas McIntyre Cooley - Law - 1857 - 998 pages
...or the provision so made, or whether she will bei2pfck.,i«. endowed of the lands of her husband ; but she shall not be entitled to both, unless it plainly appears by the will to have been so intended by the testator. (2790.) SEC. 19. When a widow shall be entitled to an elec-when widow... | |
 | Ohio - Session laws - 1858 - 260 pages
...said election shall be made within one year from the date of the service of the citation aforesaid ; but she shall not be entitled to both, unless it plainly appears by the will to have been the intention that she should have such provision in addition to her dower. SEC. 2. That the original section forty-three... | |
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... but she shall not be entitled to both, unless it plainly appears by the will to have been so intended by the testator. 
