In re Martens

Citations

• 106 A.D. 50
• 94 N.Y.S. 297

Syllabus

<p>Will — provision in lieu of dower — when the legacy does not draw interest from the testator's death.</p> <p>A man who died seized of real property worth about $38,000 and personal property worth about $24,000, bequeathed to his wife, whom he appointed executrix and .trustee thereunder, real property of the value of $5,500. The will .also provided: “I give and bequeath unto my said beloved wife Theresa Martens out of the remainder of my real and personal estate the sum of Fifteen thousand dollars. ”</p> <p>It then provided: “I do hereby declare and intend that the provisions herein made by me for my said wife to be in lieu of dower and all right thereto and to be accepted by her as such.”</p> <p>The. devise and legacy to the widow were largely in excess of the value of her dower interest, and the testator’s residuary estate was insufficient to pay the . $15,000 legacy without converting into cash the securities in which it was invested.</p> <p>Held, that the widow, who elected to accept the provisions of the will in lieu of dower, was not entitled to interest upon the $15,000 legacy from the date of her husband’s death, but only to interest thereon after the expiration of one year from the issuance of letters testamentary. ,</p>