DESCENT AND DISTRIBUTION - WIDOW'S STATUTORY SHARE - WIDOW ALLOWED TO ELECT AGAINST HUSBAND'S INTER VIVOS TRUST OF PROMISE UNDER SEAL

Eleven years before his death, H executed his bond under seal for $20,000 payable one year after his death. He delivered the bond to a trustee to hold upon an irrevocable trust to collect and pay the proceeds to named beneficiaries. Upon H's death with a personal estate approximately equal to the amount of the bond, his widow elected to claim her statutory share in the estate, alleging that the bond was invalid. The trustee filed a bill alleging that the trust was sufficient to bar the widow, and the widow demurred.

The demurrer was overruled by the trial court and the bond was held a valid claim. On appeal, held, reversed. The bond should be set aside as a fraud on the rights of the widow. Norris v. Barbour, (Va.

1949) 51 S.E. (2d) 334.