Lands exchanged - Election

If a person seized of an estate of inheritance in lands exchanges it for other lands, the surviving spouse shall not have curtesy or dower of both, but shall make an election to curtesy or dower in the lands given or of those taken in exchange. If the election is not evinced by the commencement of proceedings to recover curtesy or dower of the lands given in exchange within one (1) year after the death of the deceased spouse, the surviving spouse shall be deemed to have elected to take the curtesy or dower of the lands received in exchange. Rev. Stat., ch. 52, § 3; C. & M. Dig., § 3516; Pope's Dig., § 4400; Acts 1981, No. 714, § 26; A.S.A. 1947, § 61-209. If a person seized of an estate of inheritance in lands exchanges it for other lands, the surviving spouse shall not have curtesy or dower of both, but shall make an election to curtesy or dower in the lands given or of those taken in exchange. If the election is not evinced by the commencement of proceedings to recover curtesy or dower of the lands given in exchange within one (1) year after the death of the deceased spouse, the surviving spouse shall be deemed to have elected to take the curtesy or dower of the lands received in exchange. Rev. Stat., ch. 52, § 3; C. & M. Dig., § 3516; Pope's Dig., § 4400; Acts 1981, No. 714, § 26; A.S.A. 1947, § 61-209.