Rumsey v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the plaintiff, Kate Rumsey, from a judgment of the Supreme Court in favor of the defendants. (See 164 App. Div. 911, 923.)
1Dissent
Kruse, P. J. (dissenting):
I dissent upon the ground that the plaintiff has an inchoate right of dower in the producing oil and gas wells, and that she is entitled to have that right adjusted and protected by a court of equity. The husband can no longer be regarded as representing his wife or protecting her rights therein. He has parted with his title, deserted his wife and refuses to support her.
The principal value of the lands is the oil and gas. For farming purposes the land is worth not to exceed $10,000, while the oil and gas exceeds in value $100,000.
I think it clear that if the wife…
2Cases cited3 opinions
- Coates v. CheeverNew York Supreme Court · 1823
- In re New York & Brooklyn BridgeNew York Supreme Court · 1894
- Clifford v. KampfeNew York Supreme Court · 1895