
    Dodge v. Dodge and Lathum et al.
    Where the consideration of a devise in a will is the maintenance of the widow, it is a lien upon the land.
    Petition in chancery; showing that in A. D. 1782 her husband Dodge made his will and died without children — by which he gave her a certain proportion of his personal estate, and. gave his real estate to his nephew Joseph Dodge — which will is as follows, viz. “I give to- my nephew Joseph Dodge my island farm, my house and lot at the point, and my wood lot; and in consequence of the bequeathments to him said Joseph, he shall honorably maintain and support my widow Hannah Dodge, whom I shall leave, during her natural life, with everything comfortable, as meat, drink,” etc. etc. and appointed him his executor; that said executor informed her that the will had made ample provision for her support, and thereby obtained her consent to its approbation. Eurther, she states that the debts swallowed up' near half of the personal estate; and that said Joseph had sold said island farm to said Lathum, and the house and lot at the point to said Brown, which are worth £25 per annum; that said Joseph is removed out of the state and she is left destitute and in want, and prays for a remedy, etc.
    Plea in abatement — That the petitioner has an adequate remedy at law.
   Judgment — Plea insufficient. By the will the maintenance and support of the petitioner is a charge upon the estate, into whosoever hands it comes; and the statute of the state would have subjected it to her maintenance during her widowhood, had no provision been made in her husband’s will: And she may enter upon the estate and hold it against the devisee, until her support is furnished; for it is the condition upon which he tapes and holds the estate, it being a charge upon the land, which runs with it.  