Rubenstein v. Rubenstein

Two questions are presented for our determination. The first question arises from the fact that under the 9th paragraph of the will the trustees conveyed a two-story brick dwelling house in the city of Schenectady owned by the testator at the time of his death for the sum of $25,462.50. Plaintiff, as the widow of the testator, claims the value of her dower right in said real estate in addition to the entire income paid to her under paragraph 6 of the will. Defendant, as one of the trustees, claims that she must make her election either as to the value of her dower right or as to the said…