113 S.W.2d 483 | Ark. | 1938
This is the second appeal of this case. Dillen v. Fancher,
Disposing of the cross-appeal first, we are of the opinion that the decree of the court, denying appellee the right to renounce the will and to take the widow's allowances and dower under the statute is correct. The will was admitted to probate on the 4th day of May, 1934. Her request to renounce was made in June, 1937. She made her election at the time the will was probated by taking out letters of executrixship and by proceeding under the will, by taking possession of the property and managing same for about three years. Under the statute, 4428, Pope's Digest, she is required to make such renunciation by her deed within eighteen months after the death of *403
her husband or she will be deemed to have elected to take the devise and bequest contained in such will. Pumphry v. Pumphry,
We agree with the learned trial court also that the evidence fails to show that appellee is "committing waste or that she is expending any money belonging to the corpus of said estate except such as met with the approval of appellant and her sister. Prior to Mr. Fancher's death he gave appellee $785 to be deposited in a postal savings account, to which she added $15, making a total of $800, and which she deposited to her own credit in a postal savings account. At that time Mr. Fancher was on his death bed and she testified very positively that he gave it to her as her own property. The trial court evidently took her testimony, with reference to this item, to be true although it was contradicted to some extent by other evidence. We cannot say that this finding is against the preponderance of the evidence. Out of this fund appellee purchased herself an automobile, paying about $500 therefor, and this purchase and the building of a garage on the farm property seems to be the principal ground of waste contended for by appellant. If, in fact, this $800 item was her individual property, and we agree with the trial court that it was, then she had the right to do with it as she pleased. We do not discuss the evidence relating to the various items, as it would serve no useful purpose to do so, and we are of the opinion that it was ample to sustain the finding of the chancellor as before set out. *404
We found no error, and the decree is accordingly affirmed.