Farrell v. Farrell

The order should be affirmed. Distribution of the fund on deposit, resulting from the sale of decedent’s property in the action *366to admeasure the widow’s dower must be made by the Supreme Court (Real Prop. Law, § 490, as added by Laws of 1920, chap. 930; Matter of Murphy, 197 App. Div. 139; affd., 232 N. Y. 547), but the petitioner to obtain an order of the Supreme Court granting distribution in her favor must, under section 1046 et seq. of the Civil Practice Act, produce an order or decree of the Surrogate’s Court made upon an application to sell decedent’s real estate under section 236 et…