The trust was not revoked by the will which requests testator's
wife to carry out his wishes in regard to the care and custody
of the child, but makes no provision for the child beyond the
request to his wife, and there is no instruction or reference in
the will to this fund and no further instructions were sent to
the defendant. Witherington v. Herring, 495.
Where a husband and wife owned a tract of land by entireties, and
the husband died, leaving a will giving his wife a life estate in
said tract and also in two stores and lot, and his entire per-
sonal estate valued at $200, and after her death the same
property was given to their children, and the wife proved the
will and qualified as executrix and took into her possession the
personal estate and occupied the land for nine years until her
death, such conduct was an election to claim under the will and
her administrator, eight years after her death and against the
consent of her real representatives, will not be permitted to
make an election for her to claim against the will by simply
filing a petition for the sale of said tract of land to make
assets to pay her debts. Hoggard v. Jordan, 610.
WITHDRAWAL OF INCOMPETENT EVIDENCE.
WITNESSES, TENDER OF. See "Argument of Counsel;" "Evidence."
YEAR'S ALLOWANCE.
In a proceeding for an allowment of year's allowance, under Re-
visal, sections 3091-5, the widow, who declined to take two
children, by a former marriage, under 15 years of age, and
keep them for one year and apply a portion of the money re-
ceived as her allowance to their support, is entitled to only
$300, and not an additional $100 for each of the children. In
re Stewart, 28.