Crain v. Cavana
New York Supreme Court
THIS action was commenced in March, 1860, for the partition of real estate in Oneida county. The question arises out of the claim of dower of the widow, Oynthia Gavana, in the lands of which her husband, Thomas Gavana, died seised, and of which partition is sought in this action. Her claim was allowed, and the other defendants brought an appeal to this court.
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THIS action was commenced in March, 1860, for the partition of real estate in Oneida county. The question arises out of the claim of dower of the widow, Oynthia Gavana, in the lands of which her husband, Thomas Gavana, died seised, and of which partition is sought in this action. Her claim was allowed, and the other defendants brought an appeal to this court. In 1843 the late court of chancery granted a decree to Gynthia Gavana separating her from her husband, Thomas Gavana, on account of his cruel and inhuman treatment, with liberty to the parties to apply to the court to be discharged from…
1Opinion of the Court
*412 By the Oourt,
Morgan, J.
It will -be observed that the decree contains no direction that the wife shall do any act, or enter into any conveyance, which would be sufficient in law to release her dower. Mor has she-executed any release. A release drawn up in form to carry into effect the decree, would run to the husband. And I think if she could not for the same consideration voluntarily release her right of dower to her husband, the decree cannot operate to work out such a result. It is an admitted rule of the common law that a wife cannot relinquish her dower in the real estate to her husband…
2Cases cited6 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Elwood v. KlockNew York Supreme Court · 1852
- Forrest v. ForrestThe Superior Court of New York City · 1856
- M'Cartee v. TellerNew York Court of Chancery · 1830
- Graham v. Van WyckNew York Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Guidet v. BrownNew York Supreme Court · 1877
- Guidet v. BrownNew York Supreme Court · 1877
- Jones v. FlemingNew York Supreme Court · 1885
- McCaulley v. McCaulleySuperior Court of Delaware · 1884