[APG Public List] Re: [APG Members] surviving spouse "elective share"

Kathy Gunter Sullivan sully1 at carolina.rr.com
Wed Jan 6 14:47:51 MST 2010


In North Carolina law, the widow's elective share was what she would 
have received (one-third of the real estate for life and one-third of 
the personal property forever) if her husband had died intestate. The 
widow had the option to decline the husband's provisions for her in his 
will, and to elect instead to take what she would have received if he 
had died without a will (intestate). "I shall fly to my thirds."

Kathy Gunter Sullivan, CG
Charlotte, North Carolina

JFonkert at aol.com wrote:
> Does anyone know the general history of "elective share" of surviving 
> spouses in testate cases?  I know what modern-day Minnesota law says, 
> and also know that specifics vary among states.  I am wondering when 
> such protections became common.  I gather this is an outgrowth of 
> dower's rights.
>  
> I am going to be looking at 1840 statutes from a couple of states 
> tomorrow, but if anyone can give me a quick general picture, I'd 
> appreciate it.
>  
> Jay Fonkert, CG
> http://fourgenerationsgenealogy.blogspot.com/
> Saint Paul, MN
>
> Member, Association of Professional Genealogists
> (professional profile at www.apgen.org) <http://www.apgen.org%29/>
> Member, Genealogical Speakers Guild
> (professional profile at http://www.genealogicalspeakersguild.org/) 
> <http://www.genealogicalspeakersguild.org/%29>
>
> CG (Certified Genealogist) is a service mark of the Board for 
> Certification of Genealogists, used under license by Board-certified 
> associates after periodic competency evaluations.
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