
    Julia Cronshaw vs. William Cronshaw et al.
    
    PROVIDENCE
    DECEMBER 30, 1898.
    Present: Matteson, C. J., Stiness and Tillinghast, JJ.
    (1) Partition. Personalty Treated as Beatty. Widow’s Bights in Addition to Power.
    
    Proceeds of a sale of real estate in a partition suit are to be treated as land in determining1 the rights of a widow to the statutory provision for her out of her deceased husband’s estate.
    A widow without surviving descendants of the marriage is entitled to have set off to her real estate of her husband other than that included in her assignment of dower.
    Appeal from a decree of a Court of Probate dismissing an application of a widow to have certain of her deceased husband’s real estate set off to her use in addition to her dower. Heard on motion of appellee to dismiss the appeal.
    
      Claude J. Farnsworth, for appellant.
    
      John Palmer, for appellees.
   Per Curiam.

We think that the share of the proceeds of the sale of the land in the partition suit, which would have belonged to John Oronshaw if he had survived, is to be treated as land. Freem. Oot. § 549.

We also think that the appellant, Julia Oronshaw, is entitled to have the same set off to her, to hold in addition to her dower, as provided in Glen. Laws R. I. cap. 214, § 4.  