§ 2-5-103 — Homestead allowance, exempt property and family allowance; exception

A surviving spouse is entitled to homestead allowance, exempt
property and family allowance whether or not he elects to take
an elective share and whether or not he renounces the benefits
conferred upon him by the will except that, if it clearly
appears from the will that a provision therein made for the
surviving spouse is intended to be in lieu of these rights, he
is not so entitled if he does not renounce the provisions made
for him in the will.