Legal Opinion

Durando v. . Durando

New York Court of Appeals

Decided June 5, 1861PublishedCited by 23 opinions

1Opinion of the Court

To entitle a widow to dower, the husband must have been seised, either in fact or in law, of an estate of inheritance in the land at some time during the coverture. This rule is inflexible. When, therefore, the husband had, previous to his death, simply a reversion in fee, or a vested remainder expectant upon an estate for life, his widow cannot be endowed. As in such a case the husband has never had either possession or any present right of possession, he cannot be said to have had a seizin of any sort, either actual or legal. It is conceded by the counsel for the appellant, that this rule…

2Cases cited4 opinions

  1. Dunham v. OsbornNew York Court of Chancery · 1829
  2. Eldredge v. ForrestalMassachusetts Supreme Judicial Court · 1811
  3. In re CregierNew York Court of Chancery · 1846
  4. Beekman v. HudsonNew York Supreme Court · 1838

3Cited by23 opinions

  1. Strawn v. StrawnIllinois Supreme Court · 1869
  2. Heldhauser v. SchulzSupreme Court of New Jersey · 1922
  3. Ward v. WardU.S. Circuit Court for the District of Southern New York · 1904
  4. House v. . JacksonNew York Court of Appeals · 1872
  5. Lugar v. LugarAppellate Division of the Supreme Court of the State of New York · 1914

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