Kelly v. Harrison
New York Supreme Court
This was an action of dower. The cause was tried before Mr. Justice RadcliJ) on the 18th of November, 1799, when a verdict was found for the demandant, subject to .the opinion of the court, on a case containing the following facts: The marriage of the demandant, seisin and death of her husband were admitted.
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This was an action of dower. The cause was tried before Mr. Justice RadcliJ) on the 18th of November, 1799, when a verdict was found for the demandant, subject to .the opinion of the court, on a case containing the following facts: The marriage of the demandant, seisin and death of her husband were admitted. The demandant, and her husband, John Kelly, were born in Ireland, where they were married in the year 1750. ■ About the year 1760, John Kelly; came to the city of New York, where he resided at the commencement of‘and during the American revolution, and continued to reside in the state of…
1Opinion of the CourtRadcliff, J.
It appears that John Kelly was a subject of Great Britain previous to the revolution ; that he resided at that time in the city of New York, and continued to reside in this state until his death, in 1798. His widow, the present demandant, has always resided in Ireland, and continued a British subject. She had, therefore, antecedent to the revolution, a capacity, in the'event of her husband’s death, to take and demand her dower. The question is, whether by the revolution she is deprived of that right. If the case had been silent as to her continual residence abroad, it might have been presumed…
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