New York Supreme Court, 1903

Wilmot v. Robinson

Wilmot v. Robinson
New York Supreme Court · Decided December 15, 1903 · Herkick
42 Misc. 244; 86 N.Y.S. 575

Counsel

Sanford & Sanford, for plaintiff., Mead & Hatt, for defendants Abigail A. Eobinson and Hanford Eobinson, executor., John W. Eoberts, for defendants John H. Wilmot ana Selina Wilmot.

Wilmot v. Robinson

Opinion of the Court

Herkick, J.

By 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.

The 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.

Ordered accordingly.

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