Akin v. Kellogg
New York Supreme Court
Appeal from an order and a judgment sustaining a demurrer interposed to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.
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Appeal from an order and a judgment sustaining a demurrer interposed to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The action was in the nature of a bill in equity, for relief from the effect of the following provisions of the Revised Statutes (1 R. S., 741, 742): Seo. 13. If lands be devised to á woman, or a pecuniary or other provision be made for her by will in lieu of her dower, she shall make her election whether she will take the lands so devised or the provision so made, or whether she will be endowed of the lands of her husband.…
1Opinion of the Court
Learned, P. J.:
This is an action, brought by the widow of Benjamin Akin, deceased, against Sarah A. Kellogg, his daughter, and Edna Akin and Maud C. Akin, his grandchildren, and against George Allen, tenant of Sarah A. Kellogg. The complaint alleges that by false representations made to the plaintiff, with the knowledge and in behalf of Sarah A. Kellogg, as to the value of the estate, she was induced to neglect, for a year after the death of her husband, to enter on the lands or take proceedings for dower. She alleges that the estate is insolvent, and asks to be relieved from the election…
2Cases cited11 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Hone's Executors v. Van SchaickNew York Supreme Court · 1838
- Hone v. Van SchaickNew York Court of Chancery · 1838
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