Crocker v. Fox
Supreme Court of Connecticut
Appeal from an order of the Court of Probate, in assigning and setting out to said Grace, her dower in her late husband’s Thomas Eosdick’s estate, for the following reasons, viz.
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Appeal from an order of the Court of Probate, in assigning and setting out to said Grace, her dower in her late husband’s Thomas Eosdick’s estate, for the following reasons, viz. That said Thomas died in A. D. 1774, and his estate settled and distributed amongst his heirs; that her application to said court to have her dower set out, was not made until the 13th of April, A. D. 1789, long after! said Thomas’s estate had been distributed to his heirs, and after Samuel Eosdick one of the heirs had been divested of his part of the estate, by its being taken on execution for the payment of his…
1Opinion of the Court
By the Court.
The widow’s dower is paramount to the right of the creditors or heirs, and it is not in the power of either to defeat it. It is the duty of the heirs, etc. to have the widow’s dower assigned and set out to her, within sixty days, etc. and the creditors of the heir take his share, charged with that incumbrance, if this hath not been previously done. And the widow hath right to have her dower set out without prejudice, by anything the heir or his creditors have done.
The second appointment was so made as it did not supersede the first; their doings and return was valid and good.
2Cited by2 opinions
- Cavender v. SmithSupreme Court of Iowa · 1859
- GreatheadSupreme Court of Connecticut · 1875