Title 53, Chapter 4, Section 69
( 53-4-69)
A beneficiary taking under a will shall allow all the provisions of
the will to be executed as far as the beneficiary can. A
beneficiary who has a claim adverse to the will shall be required to
elect whether to claim under the will or against it. However, the
mere fact that the beneficiary is also a creditor shall not
necessitate an election. |