FUTURE INTERESTS--EFFECT ON CONTINGENT REMAINDERS OF WIDOW-LIFE TENANT'S ELECTION TO TAKE AGAINST A WILL

Authors

Niel McKay S.Ed., University of Michigan Law SchoolFollow

Abstract

Testator devised one half of the income from an undivided one-third interest in certain real estate to the defendant, his wife, and provided that on her death the undivided one-third interest was to go to his brother and sister, plaintiffs here, if living, otherwise to his children in a certain named order if living. The defendant, testator's widow, elected to take her statutory share against the will, and the county court decreed her a one-half interest in the undivided one third, the other one-half interest going to the plaintiffs. Plaintiffs, also having title to the other two thirds of the real estate, then brought suit for partition of the land. Held, the election of the widow-life tenant to take against the will terminated her life estate and accelerated the remainders so as to vest immediately in the plaintiffs an indefeasible title to the one half of the undivided one third that remained after the widow's election; plaintiffs are, therefore, entitled to partition. Thomsen v. Thomsen, (Okla. 1946) 166 P. (2d) 417.

Recommended Citation

Niel McKay S.Ed., FUTURE INTERESTS--EFFECT ON CONTINGENT REMAINDERS OF WIDOW-LIFE TENANT'S ELECTION TO TAKE AGAINST A WILL, 45 Mich. L. Rev. 221 (1946).
Available at: https://repository.law.umich.edu/mlr/vol45/iss2/14