Ward v. Kilts
New York Supreme Court
This was an action of ejectment for dower, tried at the Herkimer circuit in March, 1832, before the Hon. Nathan Williams, then one of the circuit judges. The plaintiff was the widow of Charles Ward, who in 1809 or 1810, died seised of a farm in Herkimer county, which after his death was sold under a judgment against his heirs, and purchased by Caleb T. Ward.
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This was an action of ejectment for dower, tried at the Herkimer circuit in March, 1832, before the Hon. Nathan Williams, then one of the circuit judges. The plaintiff was the widow of Charles Ward, who in 1809 or 1810, died seised of a farm in Herkimer county, which after his death was sold under a judgment against his heirs, and purchased by Caleb T. Ward. In April, 1831, the plaintiff applied to the surrogate of Herkimer for an admeasurement of her dower, of which application due notice was given to Caleb T. Ward, and July, 1831, a report of commissioners appointed to make admeasurement,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I will consider the questions raised at the circuit in the order there presented. 1. Should the defendants have had notice of the proceedings before the surrogate ? The statute directs, 2 R. S. 488, that the widow whose dower shall not have been assigned to her within 40 days after the decease of her husband, may apply by petition for the admeasurement of her dower; a copy of the petition, with notice of the time and place when and where it will be presented, shall be served at least 20 days previous to its presentation, upon the heirs of her husband; or if they are…
2Cases cited2 opinions
- Sayre v. WisnerNew York Supreme Court · 1832
- Borst v. GriffinNew York Supreme Court · 1832
3Cited by4 opinions
- State v. MinesWest Virginia Supreme Court · 1893
- Van Gelder v. PostNew York Court of Chancery · 1836
- Jourdan v. HaranThe Superior Court of New York City · 1888
- Stewart v. SmithNew York Supreme Court · 1863