The applicant surviving spouse elected to receive an equalization payment from her deceased husband's estate rather than taking under his will.
She brought a motion seeking to apply her equalization payment towards the purchase of the matrimonial home, which was owned by the estate and specifically bequeathed to one of the deceased's sons.
The court dismissed the motion, finding that a vesting order was not appropriate as there was no concern the estate would fail to pay the equalization amount once its properties were sold.
The court ordered all estate properties to be sold to determine the exact equalization payment, with the remaining net proceeds to be divided among the children on a prorated basis according to the sale prices of their specifically bequeathed properties.
