Sanford v. Jackson
New York Court of Chancery
This was an appeal by the complainant, and T. Babcock, one of the defendants, from a decree of the vice chancellor of the fifth circuit, in a partition suit.
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This was an appeal by the complainant, and T. Babcock, one of the defendants, from a decree of the vice chancellor of the fifth circuit, in a partition suit. The only question in controversy between the parties was as to the right of Mrs. Jackson, one of the defendants, to dower in the premises, under the following circumstances : E. Babcock, the former husband of Mrs. Jackson, died seized of the premises, in January, 1819, leaving his widow and six children surviving him 3 the youngest of which children was then but five months old. By his will, which was made immediately previous to his…
1Opinion of the Court
The Chancellor.
The common law principle upon which the widow is compelled to elect, between her dower- and a provision made for her in the will of her deceased husband, is well settled, and the only difficulty arises in applying it to the varying circumstances of each particular case. Where the testator in terms declares that the provision made in favor of the wife is in lieu of dower, if she accepts the provision she cannot have her dower in the testator’s estate also ; even in those cases where the assignment of her dower would not interfere with any other provision of the will, except such…
2Cases cited1 opinion
- Chappel v. AverySupreme Court of Connecticut · 1825
3Cited by20 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- Morrison v. BowmanCalifornia Supreme Court · 1865
- Kelly v. StinsonIndiana Supreme Court · 1847
- In re Weiler's EstateNew York Surrogate's Court · 1910
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