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3 Dem. Sur. 348

In re Combs

New York Surrogate's Court

Decided March 15, 1885

New York Surrogate's Court · decided 1885-03-15

<p>A legacy to a testator’s widow in lieu of dower carries interest from the testator’s death, although its value exceeds that of the dower interest.</p>

Decided 1885-03-15

The Surrogate.

¶1All that the will of this testator gives to his widow is given to her in lieu of dower. *349Under the decision of the New York courts this circumstance, alone, entitles- her to interest on the seven thousand dollar legacy from, her husband’s death (Hepburn v. Hepburn, 2 Bradf., 76; Parkinson v. Parkinson, id., 77; Seymour v. Butler, 3 id.,193 ; Williamson v. Williamson, 6 Paige, 298; Bullard v. Benson, 1 Dem., 493). The fact, that the total value of the ' provisions in her favor exceeds her dower interest, does not affect the question.

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