Farmers' Loan & Trust Co v. McCarty

Taking the questions reserved in their order:—

1. By the statute (§ 5055) the widow is entitled to the use for life “ of one-third in value of all the property, real and personal, legally or equitably owned” by her husband at the time of his death, after the payment of all debts and charges against the estate; and “the right to such third shall not be defeated by any disposition of the property by will to other parties.” The value of all the property given to John by the second paragraph of the will must therefore be included in ascertaining the value of the widow’s third of the estate.

2. The…