Cornog v. Cornog
Court of Chancery of Delaware
Bill in Equity for an injunction, and to recover equitable dower. — This bill was filed to recover equitable dower out of the surplus proceeds of certain real estate which was sold under a mortgage executed by the husband and wife, in the husband’s lifetime.
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Bill in Equity for an injunction, and to recover equitable dower. — This bill was filed to recover equitable dower out of the surplus proceeds of certain real estate which was sold under a mortgage executed by the husband and wife, in the husband’s lifetime. The facts were these : Abraham Cornog, deceased, in his lifetime, to wit: April 6th, 1857, together with his wife, the present complainant, executed a mortgage of certain real estate, for $7,000, payable March 25th, 1862. Cornog died March 24th, 1868, leaving a will containing certain provisions for his widow and children, which, however,…
1Opinion of the Court
The Chancellor :
In this State, a widow is not dowable out of an equitable estate of a husband except in intestate lands. Our intestate law allows to the widow, dower, or, more properly speaking, her “ thirds,” out of any estate in lands, legal or equitable, which descend to the heir at law, the policy of this statute being to. place the widow on an equal footing with the heir. But for all other cases, the right of dower is defined by the Statute of 1816 — Rev. Code, Chap. 87, sec. 1 — which gives dower only when the husband shall die “ seized of an estate of inheritance in any lands or…
2Cases cited2 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Coles v. ColesNew York Supreme Court · 1818
3Cited by11 opinions
- Carlisle v. ParkerSuperior Court of Delaware · 1936
- Ciconte v. BarbaCourt of Chancery of Delaware · 1932
- First National Bank v. AndrewsCourt of Chancery of Delaware · 1942
- Malsberger v. ParsonsSuperior Court of Delaware · 1910
- Grandjean v. BeylNebraska Supreme Court · 1907
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