Stark v. Hunton
New Jersey Court of Chancery
Benjamin Weller, late of Paterson, in the county of Essex, died in June, 1823, leaving a last will and testament, which was duly proved by Jane Weller, his widow, and Philemon Dickerson, executors in the said will named. The will directed that all debts and expenses should be paid out of the personal estate, and such real estate as was for that purpose designated in the will.
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Benjamin Weller, late of Paterson, in the county of Essex, died in June, 1823, leaving a last will and testament, which was duly proved by Jane Weller, his widow, and Philemon Dickerson, executors in the said will named. The will directed that all debts and expenses should be paid out of the personal estate, and such real estate as was for that purpose designated in the will. Then followed this device: “ I give, devise and bequeath unto my wife Jane, all my tavern house and lot where I now live, together with all the furniture and stock in the same : to have and to hold to my said wife Jane…
1Opinion of the Court
The Chancellor.
The important inquiry in the case is*whether the former widow, now Mrs. Hunton, is entitled to dowel in the tavern house and lot devised to her by the will of her former husband, Benjamin Weller.
On the part of the complainants it is insisted, that the devise in the will was intended to be in lieu of dower, and was accepted by the widow ; and that having by her second marriage forfeited the bounty of her first husband, she cannot now turn round and •claim dower in the very property which she took and held as a devis* under the will. While on the other hand, the converse of these…
2Cited by3 opinions
- Federal Trust Co. v. OstNew Jersey Court of Chancery · 1936
- Caravatta v. O'BrienNew Jersey Court of Chancery · 1925
- First Nat. Bank, C., Woodbury v. ScottNew Jersey Court of Chancery · 1931