Wilmot v. Robinson
This text of 42 Misc. 244 (Wilmot v. Robinson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
42 Misc. 244, 86 N.Y.S. 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilmot-v-robinson-nysupct-1903.