Hall Approved Free Access to American Case Law
Indiana Supreme Court, 1861

Loring v. Craft

Loring v. Craft
Indiana Supreme Court · Decided May 29, 1861
16 Ind. 110; 1861 Ind. LEXIS 35
Loring v. Craft

Cases that cite this one

7 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Bradley B. Loring made his last will, dis posing of all of his property, and died. He left a widow, who, with others, was a devisee in the will. The widow took the provision made for her in the will; and she now sues the executor for the sum of $300, which she claims is vested in her by statute, over and above the provision made for her in the will. 1 R. S., § 21, p. 251.

With some hesitation, we have concluded she is entitled to recover. Cheek v. Wilson, 7 Ind. 354; 8 id. 71; 1 R. S., § 41, p. 255. See Collier v. Collier, 3 Ohio St. Rep. 369.

The judgment is reversed, with costs. Cause remanded, &c.

.) By counsel for appellee : The will disposes of all the testator’s property, and the claim of the widow can not he allowed without defeating other bequests.

*111“ A leading, if not the earliest decision as to election, is Noyes v. Mordaunt, a case of real estate, which was followed by Vincent v. Vincent, a case of personal estate, by French v. Standish, the case of a copy-hold estate, and by many other cases; the result of which appears to be, that a person shall not claim an interest under an instnment, whether a deed or a will, without giving full effect to that instrument as far as he can. This rule has been said to be universal, and without exception. It applies to interests of married women; interests immediate, remote, or contingent; of value or not of value.” 2 Maddock’s Chan. 47. See, also, 2 Story’s Eq. Jur. § 1075.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.