In re Proving the Last Will & Testament of Vowers
New York Supreme Court
Appeal from- so much and that part of the decree made by tbe surrogate of Warren county, bearing date the 28th day of September, 1886, admitting to probate the will of Hiram- Vowers, which determines the construction which should be given to a provision contained therein relating to the widow of the testator
1Opinion of the Court
Bogles, J.:
By the will the testator gave his wife, the appellant, the use of his house and furniture therein for life and an annuity of fifty dollars; such provision to be accepted by her “ in lieu of her dower right and distributive share in my estate ; she to make her election whether she accepts this provision in my will within sixty days from the time of proving the same.”
It is claimed by the appellant that the widow was given a right of election, either to accept the provision for her in the will, or to refuse it and take as if her husband had died intestate. The widow bases her claim on…
2Cases cited2 opinions
- O'Hara v. DeverNew York Supreme Court · 1866
- O'Hara v. DeverNew York Court of Appeals · 1866