Thursday, October 7, 2010

Renouncement of Will Provisions

When a man made provisions for his wife in his will, she did not have to accept the provisions. Perhaps what  he intended her to have was less than one-third of the total value. In cases such as this, the wife might notify the court to renounce the provisions made for her. Once she renounced the provisions made by the will, she could accept her dower right of one-third of the value of her late husband's property. This is what Susan Ellen Dallam of Caldwell County, Kentucky did following the death of her  husband, Charles B. Dallam,  who left a will in Caldwell County Will Book B, page 94 and which was proven in county court 17 January 1848.

Susan’s renouncement states as follows:
“To the honourable County Court of Caldwell County, whereas my husband Charles B. Dallam lately departed this life in this County leaving a last will and testament which has been duly proven and admitted to record before your honourable body at your last January term 1848 and whereas my said husband made certain provisions for me in said will which is herein referred to, but for reasons satisfactory to myself, and which were not (I am satisfied) anticipated by my husband, I have determined and hereby declare that I will not take or accept the provisions made for me by said will, or any part thereof, and I hereby  renounce all benefit which I might claim by said will.

In testimony whereof I have hereto signed my name and affixed my seal this the 21st day of February 1848. [signed] Susan Ellen Dallam. Signed, sealed &c in the presence of us. Attest  T.L. McNary, Jas. Blue.”

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