35 Minn. 291 | Minn. | 1886
Assuming the instrument (Exhibit A) to be in terms sufficient, if valid, to effect such a result, the question in this case is whether a married woman can, by contract with her husband, release and relinquish to him her incipient or inchoate interest as wife in his real estate, so as to exclude her, as widow, from dower. We use the term “dower” because although “dower,” strictly so called, no longer exists in this state, yet the provisions of the present statute for the
As the husband died testate as to all his property, his widow would not, in any event, be entitled to any allowance or distributive share out of his personal property. Gen. St. 1878, c. 51, § 1; Johnson v. Johnson, 32 Minn. 513, (21 N. W. Rep. 725.) Hence it becomes unnecessary to consider whether this release would have excluded respondent from distribution had her husband died intestate.
The judgment of the court below must therefore be affirmed wherein it adjudges respondent entitled to an assignment of her statutory rights in the real estate, but reversed wherein it adjudges her entitled to the statutory allowance out of the personal property of her husband.
Ordered accordingly.