In re Combs

New York Surrogate's Court

In re Combs

3 Dem. Sur. 348

DecidedMarch 15, 1885

StatusPublished

This text of 3 Dem. Sur. 348 (In re Combs) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Combs, 3 Dem. Sur. 348 (N.Y. Super. Ct. 1885).

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Opinion

The Surrogate.

All that the will of this testator gives to his widow is given to her in lieu of dower. [349]*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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The Surrogate.

All that the will of this testator gives to his widow is given to her in lieu of dower. [349]*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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Bluebook (online)

3 Dem. Sur. 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-combs-nysurct-1885.

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