
    Helen Farner, complainant, v. Charles P. Farner, Sr., defendant.
    [Decided October 25th, 1926.]
    1. The question whether a legacy given by a testator to his wife is in lieu of dower is one of the intentions of the testator, and is to be ascertained “by reading the will from the four corners,” and where a will gives a wife certain legacies, and to his executors a general power of sale over his real estate, and the allowance of dower to the widow in addition to the legacies will disturb or be inconsistent-with the provisions of the will, the widow must elect to take either her dower or her legacies.
    2. Caravatta v. O’Brien, 98 N. J. Eq. 199, followed.
    On bill, &c. On action at law.
    
      Mr. James Mercer Davis, for the complainant.
    
      Messrs. Blealcly, Sloclcwell & Burling, for the defendant.
   Ingersoll, V. C.

Charles P. Earner, Jr., died on the 1st day of March, 1925, testate. By his will, after directing his debts to be paid, and giving to his brother his interest in the Chas. P. Earner & Sons, Inc., a corporation, and giving to a niece the sum of $500, he gave and bequeathed to his wife, Helen K. Earner, the sum of $3,000 free and clear of any transfer inheritance tax, and gave the sum of $12,000 to the Burlington Citjr Loan and Trust Company in trust to pay the net income to his wife for and during the term of her natural life, or so long as she remained his widow. Hpon her death or remarriage, the trustee to distribute the principal as residuary estate. All the residuary estate to be divided to his father, sister and brothers in equal shares. Eull power was given the executors to sell any real estate.

The net personal estate of Earner was approximately $29,500, the realty about $8,375, of which the homestead was appraised at $7,500.

The widow was forty years of age, and her dower would approximate $2,010.34.

The complainant charges that the bequest under the will is not in lieu of dower, and that no election is required of her.

The defendant insists that she is called upon to elect.

Following the reasoning of Vice-Chancellor Berry in Caravatta v. O'Brien, 98 N. J. Eq. 199, the bill will be dismissed.  