In re Watkins
New York Supreme Court
APPLICATION was made by Samuel Watkins, the son and heir of Samuel Watkins, deceased, pursuant to the 10th section of the act of the 7th April, 1806, (sess. 29. c. 168.) for relief against the assignment of dower of Martha Watkins, the widow of S. Watkins, deceased.
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APPLICATION was made by Samuel Watkins, the son and heir of Samuel Watkins, deceased, pursuant to the 10th section of the act of the 7th April, 1806, (sess. 29. c. 168.) for relief against the assignment of dower of Martha Watkins, the widow of S. Watkins, deceased. The affidavit of the surrogate stated, that the widow applied to him for the assignment of her dower, on which he directed a citation to show cause on a day certain, which was duly served on S. W. the heir, who on the day appeared with Ms attorney;? and the hearing was postponed, by consent, to another day certain; at which day no…
1Per curiam
The proceedings before the surrogate, under the act of the 29th session, c. 168. are founded on the assumption that the widow is entitled to her dower out of the estate in question, and that it is only to be designated and set off. There is no provision for trying, before the surrogate, the title to dower; and the-admeasurement to be made, in pursuance of his order, cannot affect or prejudice the right to dower, or the legal or equitable bar to it. Those rights, if litigated, remain open for investigation in the ordinary course of justice. In reviewing the proceedings had under the…
2Cited by2 opinions
- Rea v. ReaMichigan Supreme Court · 1886
- Jackson ex dem. Sitzer v. WaltermireNew York Supreme Court · 1826