Wilmot v. Robinson

Decided December 15, 1903

New York Supreme Court · decided 1903-12-15

Action for partition. The will, under which parties to this action claim title to the real property for partition of which this action is brought, contains the following: “ 1st. After all my law- ful debts are paid and discharged I give, devise and bequeath to my wife Anna, one-third of my real estate * ■ * *, also the sum of $400 in cash all of which is to be in lieu of her dower right in my estate. 2nd.

Cited by 1 later decisions — most recently June 1940

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1903-12-15

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Herkick, J.

¶1By the legacy given to the widow in lieu of dower, and its acceptance by her, her interest in the estate became that of a creditor.

¶2The legacy was the price tendered to her for the purchase of her interest in the realty. By accepting it she became entitled to the price. It was a debt against the estate, payable like other debts, first out of the personalty, and if that is insufficient, then out of the realty, and I see no reason why a provision should not be made for its payment in these proceedings.

¶3Ordered accordingly.