19 Ind. 467 | Ind. | 1862
On the 8d day of May, 1858, Joseph Piercy died the owner of real and personal property; and leaving the appellant, his widow, but no parents, nor brothers or sisters, living; and, also, a will, which, so far as need be noticed, reads as follows:
“I will and bequeath to my beloved wife, Hannah, for
On the 17th day of January, 1860, said widow filed a renunciation of any interest under said will, and stating that she elected to take under the law; and soon afterward instituted this proceeding to set aside said will, for the causes following:
1. Uncertainty, etc.
2. Eor assuming to dispose of all of the property of which he was possessed.
3. Because, after her election, the will was so vague, etc., as to be incapable of execution.
~We are not informed whether there were other persons who, in the event of the setting aside said will, would be, equally with said John, entitled to take as heirs.
There was a demurrer sustained to the complaint.
It is urged that she did not elect, within a reasonable time, as to whether she would take under the will or not; and that, therefore, she was bound by her acquiescence in the disposition thereby made. In other words, that she takes under the will, in the absence of a renunciation filed in a reasonable time, which is assumed to be one year.
The purpose or intent of the testator seems to be readily seen, viz.: to provide for his wife during her life, and to bestow the residue, after her death, upon his nephew. Her failure to take the disposition made by him, and determination to take the amount fixed by law as her portion, does not change nor make uncertain the testator’s intended disposition of the residue; that is, that it should go to his nephew. First, his wife was to be provided for; second, after that, the balance should go to his nephew. She renounced the provision, and claimed under the law; we do
The judgment is affirmed, with costs.