153 Ky. 171 | Ky. Ct. App. | 1913
Opinion of the Court by
'Affirming.
“The provisions of this section shall apply to cases where the husband dies testate and the widow renounced the provisions of the will in the time prescribed by law. ’ ’
The next section provides that the widow may renounce the will in twelve months. In the case at bar, the widow renounced the will in about five months. But it is insisted for the executor that as he had paid out the money to the creditors before she renounced the will, he should not be required now to pay it to her. The circuit
It is the plain purpose of section 1403 to set apart to the widow of an intestate certain property which is. declared exempt from distribution and sale, and this property it has been held vests in the widow at the death of her husband. (Maloney v. Maloney, 92 Ky., 316.) In this case, however, the husband died leaving a will, and it is insisted that the property therefore did not vest in the widow. But the statute was passed for the protection of the widow, and it was intended to protect her no less where the husband dies without a will than where he dies leaving a will. The meaning of the statute is, that where the husband dies testate and the widow renounces! the provisions of the will in the time prescribed by law, the provisions of the statute shall apply to her and protect her. The executor is charged with knowledge that the widow has power to renounce the will and take her rights under the statute. When he took charge of the property, he did so with this knowledge, and when he disposed of it, he did so knowing that the widow had the right to renounce the will, and claim the benefit of the statute. The purpose of giving the widow twelve months in which to renounce her husband’s will is to allow her a reasonable time to learn what is best for her interest, and to take proper steps to protect herself. If the executor could in every case, when a will is probated, take charge of the personal property and dispose of it, leaving nothing for the widow, the statutory provision intended for her protection would amount to little. It is true in! this case, there is land; but in many cases the personal property is all that she can look to; and when she renounces the will she is in the same position as if no will had been made, and her rights relate back to her husband’s death. The executor could have protected himself by bringing a suit for a settlement of his accounts, asking the direction of the court in disposing of the money. When he did not do this, and disposed of the money without the consent of the widow, he became lia-’ ble to her, and the circuit court properly so adjudged. It is a personal liability and therefore the circuit court did not err in enforcing the judgment by rule.
Judgment affirmed.