Wilmot v. Robinson
42 Misc. 244
N.Y. Sup. Ct.
1903
Check Treatment
Herkick, J.

By the legacy given to the widow in lieu of dower, and its acceptance by her, her interest in the estate became that of a creditor.

The legacy was the price tendered to her for the purchase of her interest in the realty. By accepting it she became entitled to the price. It was a debt against the estate, payable like other debts, first out of the personalty, and if that is insufficient, then out of the realty, and I see no reason why a provision should not be made for its payment in these proceedings.

Ordered accordingly.