concurred in the opinion that the widow could take only one third of the estate left by the testator, without adding to it the sum advanced to Lucy ; but he was also of opinion, that the will, by force of the words “ remainder of my real and personal estate,” gave to Caroline the whole amount of the advancement to be deducted from Lucy’s share. The will is to govern, and not the law of hotchpot.
Brainard, J. was absent.Decree of probate to be disaffirmed.