In re the Estate of White — 245 N.Y. 587

Majority

p. 587

In the Matter of the Estate of John H. White, Deceased. John W. White et al., as Executors, Appellants; Melissa B. White, Respondent.

(Argued May 12, 1927;

decided May 31, 1927.)

Headnote

Will — dower — construction of provision of will giving to widow a sum equal to her dower right in real and personal estate.

Matter of White, 219 App. Div. 502 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 10, 1927, which reversed a decree of the Schenectady County Surrogate’s Court construing so much of the will of John H. White, deceased, as1 provided: “ I give and bequeath to my wife, Melissa Bame White, a sum equal to her dower right, in both my real and personal

p. 588

estate.” The surrogate held that the widow, on her husband’s death, became entitled to her dower in his real estate and in addition thereto a sum equal to the cash value of such dower. The Appellate Division held that the widow was entitled to the cash value of her dower in the real estate and in addition to one-third of the personalty.

Do.niel Naylon for appellants.

Walter F. Wellman for respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.