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Thirds

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Where a testator devises all Ms property, both real and personal, " after his just debts and funeral expenses are paid, and his wife's thirds are taken out," the wife is entitled to one-third of both the real and personal property after the debts, &c., are paid, the same as she would take under the intestate law.

Horsey V. Horsey, 1 Houst. 438.

A testator directed that his widow, in case of her second marriage, should be " thirded." It was held that, on such secof the estate, and that the remainder should go to the heirs and distributees.

Baker v. lied, 4 Dana, 158.

Thirds, in a will, was construed as equivalent to dower, in O'Hara v. Dever, 2 Abb. Pr. N. s.

418. And see 30 How. Pr. 278.