Legal Opinion

Adsit v. Adsit

New York Court of Chancery

Decided May 19, 1817PublishedCited by 38 opinions

[ * 449 ] SAMUEL ADSIT, deceased, in his lifetime, was seised of a farm in Dutchess county, and the plaintiff, who is his grandson, lived with him several years, in order to manage the farm, and take care of him and his wife, they being very aged.

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[ * 449 ] SAMUEL ADSIT, deceased, in his lifetime, was seised of a farm in Dutchess county, and the plaintiff, who is his grandson, lived with him several years, in order to manage the farm, and take care of him and his wife, they being very aged. In November, 1813, S. A. leased the farm to the plaintiff during the life of S. A., and for one year thereafter; and the plaintiff and S. A. entered into articles of agreement, under seal, by which S. A. covenanted to bargain and sell the farm to the plaintiff, on his paying, within one year after the death of S. A., 6,000 dollars to his executors,…

1Opinion of the Court

The Chancellor.

This is a motion to dissolve the in-on the coming in of the answer.

The question on the will is, whether the defendant is entitled to her dower, as well as to her legacy; if not, then whether she is still entitled to her election, notwithstanding a considerable part of the legacy has been received.

[ * 451 ]

I am not prepared to say what effect parol proof may have on this question ; and, therefore, I shall give the plaintiff an opportunity to bring the cause to a hearing before I dissolve the injunction; but I have no difficulty, in the mean time, in saying, that there does not…

2Cited by38 opinions

  1. Oliver v. WellsNew York Court of Appeals · 1930
  2. Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
  3. In Re the Accounting of GordenNew York Court of Appeals · 1902
  4. Tolley v. PoteetWest Virginia Supreme Court · 1907
  5. Adams v. AdamsSupreme Court of Alabama · 1864

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