George v. George, Admr.

In this case August H. George and Estella George, husband and wife, purchased certain property subject to three mortgages, which they assumed and agreed to pay. Upon the husband’s death the Probate Court held that the widow was entitled to dower out of the surplus only after payment of these mortgages. In effect the Probate Court held that these mortgages are to be considered as if they were purchase-money mortgages, because they were assumed at .the time of the purchase of the property, and constituted part of the purchase price. This decision of the Probate Court was affirmed in the Common…