Matthews v. Matthews
New York Court of Chancery
A bill for partition. It was filed by Edward C. Matthews, as one of the children of James Matthews, deceased, intestate, against his brothers John R. Matthews, James R. Matthews, William A. Matthews and Francis H. Matthews. A part of the ■U estate embraced by the bill was situated at Brooklyn and the rest of it in the city of Now York. Three of the defendants, namely, James, William and Francis were minors. The bill was filed about twenty days after the death of the father.
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A bill for partition. It was filed by Edward C. Matthews, as one of the children of James Matthews, deceased, intestate, against his brothers John R. Matthews, James R. Matthews, William A. Matthews and Francis H. Matthews. A part of the ■U estate embraced by the bill was situated at Brooklyn and the rest of it in the city of Now York. Three of the defendants, namely, James, William and Francis were minors. The bill was filed about twenty days after the death of the father. One of the defendants, John R. Matthews, had been duly appointed adminstrator of the estate and effects of his said…
1Opinion of the Court
The Vice-Chaecem.ob.
The fact of the complainant’s having taken a wife since the filing of the bill, has been admitted and an objection was urged at the former hearing, that she ought to have been made a party before any decree could be had. I then expressed an opinion, which I have since found no reason to alter: that the wife of a husband tenant in common is not a necessary party to a suit for partition. If an actual partition should be made, her right of dower will attach to the share allotted in severalty to her husband. This results as a matter of course, without any decree or order of…
2Cited by12 opinions
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Jackson ex dem. Loucks v. ChurchillNew York Supreme Court · 1827
- Jewett v. KeenholtsNew York Supreme Court · 1853
- Heidgerd v. ReisAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Estate of RosenblattNew York Surrogate's Court · 1938
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