Shotwell v. Sedam's Heirs
Ohio Supreme Court
This was a petition in chancery for dower, in certain premises described in the bill, situate in Hamilton county, and adjourned here for decision, by the Supreme Court sitting in that county. The facts material to the point decided, are as follows: The complainant, Nancy Shotwell, was the wife of Cornelius R. Sedam, deceased, and had subsequently intermarried with the complainant. The defendants were the heirs at law of Cornelius R. Sedam.
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This was a petition in chancery for dower, in certain premises described in the bill, situate in Hamilton county, and adjourned here for decision, by the Supreme Court sitting in that county. The facts material to the point decided, are as follows: The complainant, Nancy Shotwell, was the wife of Cornelius R. Sedam, deceased, and had subsequently intermarried with the complainant. The defendants were the heirs at law of Cornelius R. Sedam. Cornelius R. Sedam made a last will, which was duly proven and established after his death. By this will he divided the prem■ises in question, in a…
1Opinion of the Court
By the Court :
It is certaintly a nice question, whether the devise in the will to the widow would not, upon being accepted by her, operato to bar her dower, in the premises devised to others, and charged with her *8support. But this question it is not necessary to decide, because the court are very clearly of opinion that the subsequent contract entered into between the widow and Cornelius Sedam constitutes an equitable bar to the dower claimed.
Whatever indulgence is shown to the acts of feme coverts, concerning their dower, there is no reason for treating the contracts of feme soles, where…
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