Taylor v. Bentley
New York Surrogate's Court
This was a petition by the widow, Laura S. Taylor, for her dower right in certain surplus moneys, realized on the foreclosure of a mortgage upon the dwelling house of the decedent, situate on Madison avenue in this city.
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This was a petition by the widow, Laura S. Taylor, for her dower right in certain surplus moneys, realized on the foreclosure of a mortgage upon the dwelling house of the decedent, situate on Madison avenue in this city. The petition set forth that the deceased died seized of premises No. 303 Madison avenue, which were encumbered by a mortgage for $20,000, which was afterward foreclosed, and the premises sold, and the surplus .moneys pursuant to an order November 28th, 1876, paid to the surrogate of this county, amounting to $12,347.18; that the petitioner is 62 years of age; and that in…
1Opinion of the Court
The Surrogate.—
The counsel for the petitioner *38urges that these proceedings are in the nature of an admeasurement of dower, and that as to the petitioner’s right of dower this court has no jurisdiction, citing the cases Parks v. Hardey, (4 Bradf. 15); Jackson v. Waltermier, (5 Cow., 299); Badgley v. Bruce, (4 Paige, 98); Wood v. Seely, (32 N. Y., 105); Matthews v. Duryee, (45 Barb., 69); and Blydenburgh v. Northrop (13 How. Pr., 289).
These authorities are based upon the statute upon the subject of admeasurement of dower.
By the terms of section 17, 2 Rev. Stat., 491, it is provided that such…
2Cases cited12 opinions
- Denton v. NannyNew York Supreme Court · 1850
- Wood v. . SeelyNew York Court of Appeals · 1865
- Matthews v. DuryeeNew York Supreme Court · 1864
- Badgley v. Bruce & HalseyNew York Court of Chancery · 1833
- Blydenburgh v. NorthropNew York Supreme Court · 1856
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3Cited by1 opinion
- Vanderbeck v. . City of RochesterNew York Court of Appeals · 1890