Comegys v. Emerick

Levy Comegys died testate, owning certain real estate in Marion county, Indiana. The appellant Olivia Comegys, who was the widow of the testator, took under the law, and by partition a portion of the real estate so owned by the testator was set off to her. The *149portion so set off to the widow being of greater value than her interest in the whole, it was adjudged that the portion so set off to her should be charged with the excess in value, about $900, in favor of the devisees of the remainder. The title to that portion not set apart to the widow vested in the appellees and other children and…