204 MARGARET HALL'S CASE.

and another part for a term of years; that she had elected to take
under the will of her husband, immediately after his death, when
she was unacquainted with his affairs; but that it is now ascer-
tained, that the claims against his estate will absorb so much of it,
as, if paid to her exclusion, will deprive her of all benefit intended
by the will; and leave her in a much worse situation than if she
had rested altogether upon her common law rights. And, there-
fore, as her election was improvidently made, and at a time when
she was destitute of the information which alone could enable her to
act knowingly upon the subject, she prays that it may be annulled,
that she may be allowed the value of her dower, or be relieved
according to the nature of her case, &c.

5th March, 1827.—BLAND, Chancellor.—This case having been
submitted on the application and petition of Margaret Hall, the
proceedings were read and considered.

The will of the deceased husband of this widow lay before her,
and presented to her a choice between the estate therein bestowed,
and that given by the law. In her election to take under the will,
there is no apparent room even to suspect fraud, nor has the exist-
ence of any been intimated; and it is difficult to perceive how there
could have been any mistake. But, supposing it possible to show
that a mistake had occurred, I should require from her a strong and
clear case of misapprehension. She has heretofore formally made
her election in the manner prescribed by law, and has solemnly
reaffirmed that choice by bringing this suit. An election thus
deliberately made, repeated and adhered to, ought not to be lightly
shaken or easily annulled. This widow must, therefore, he held
firmly bound by her election; and can have no relief, but such as
may be altogether compatible with the choice she has thus made, (a)

A devise, which is merely of the nature of a donation, or that
appoints persons to take as heirs in place of those designated by
the law, must certainly be considered as void against creditors,
But a devise in lieu of dower, is one of a different character, and
of much higher merits. It discharges a highly favoured debt due
from the testator; it relieves his real estate from a lien imposed by
the law in favour of his wife, in preference to all others, with which
he himself could have encumbered it, by any contract of his own.
In the language of the act of Assembly, a widow electing to take

(a) Butricke v. Rroadhurst, 1 Ves. jun. 171; S. C. 3 Bro. C. C. 88; Wake v. Wake,
1 Ves. jun. 335.