Section 28-11-404 - Devise deemed in lieu of dower or curtesy

If any spouse shall devise and bequeath to the other spouse any portion of his or her real estate of which he or she died seized, it shall be deemed and taken in lieu of dower or curtesy, as the case may be, out of the estate of the deceased spouse, unless the testator shall, in his or her will, declare otherwise.Rev. Stat., ch. 52, § 23; C. & M. Dig., § 3538; Pope's Dig., § 4424; Acts 1981, No. 714, § 37; A.S.A. 1947, § 61-221.