Wilcox v. Randall
New York Supreme Court
This action was brought by the plaintiff, Polly Wilcox, widow of Ethan Wilcox, deceased, to recover her dower in eleven acres of land, of which her husband was seised during the coverture. Wilcox conveyed'the premises to John Budlong in 1811; the plaintiff not joining in the conveyance.
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This action was brought by the plaintiff, Polly Wilcox, widow of Ethan Wilcox, deceased, to recover her dower in eleven acres of land, of which her husband was seised during the coverture. Wilcox conveyed'the premises to John Budlong in 1811; the plaintiff not joining in the conveyance. The answer denied the plaintiff’s right, and set up by way of defence that on the 13th of April, 1811, Budlong, under whom the defendant claimed, was seised of a certain lot of 75 acres of land situate in Paris, Oneida county, and known as the mill lot; that on that day an agreement was made between him and…
1Opinion of the Court
By the Court, Gridley, J.
This is a suit for dower, and the defence is that in 1811 the lands in which dower is claimed were exchanged by the husband of the plaintiff, with one Bud-long under whom the defendant holds, for another farm of 75 acres, and that the defendant did not within one year after the death of her husband make her election to take her dower in the lands given in exchange. It is conceded that she made no election within the year; and it follows, therefore, that if these lands were exchanged, within the legal meaning of the term, the plaintiff can not recover. (1 R, S. 740, §…
2Cases cited1 opinion
- Jackson ex dem. Wadsworth v. WendellNew York Supreme Court · 1815
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