In re the Judicial Settlement of the Account of ProceedIngs of Lakner
New York Surrogate's Court
1Opinion of the Court
Schulz, S.:
Upon the accounting in this estate, the court is requested to construe the will and to determine whether the provisions in favor of the widow made it incumbent upon her to elect whether she would accept them or insist upon her dower in the real estate of which her husband died seized.
The widow’s inchoate right of dower became absolute upon the decedent’s death and unless his will shows an intent that the pro*655visions made for her shall be in the place of her dower, she may receive both and is not obliged to elect.
Two paragraphs of the will contain provisions for the widow and provide…
2Cases cited3 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Lewis v. . SmithNew York Court of Appeals · 1854
- In re the Estate of BlossNew York Surrogate's Court · 1917
3Cited by3 opinions
- In re the Judicial Settlement of the Account of WalshNew York Surrogate's Court · 1926
- In re the Estate of ReeseNew York Surrogate's Court · 1928
- In re the Estate of RehillNew York Surrogate's Court · 1932