McCaulley v. McCaulley
Superior Court of Delaware
Appeal from the Orphans’ Court of New Castle county in the matter of the assignment of dower in the estate of William McCaulley, deceased. William McCaulley died on - or about the twenty-second day ' of September, 1883, leaving a last will and testament, which was duly admitted to probate by the Register of Wills for New Castle county. The testator devised a certain proportion of his estate, which largely consisted of realty, for the benefit of the respondent.
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Appeal from the Orphans’ Court of New Castle county in the matter of the assignment of dower in the estate of William McCaulley, deceased. William McCaulley died on - or about the twenty-second day ' of September, 1883, leaving a last will and testament, which was duly admitted to probate by the Register of Wills for New Castle county. The testator devised a certain proportion of his estate, which largely consisted of realty, for the benefit of the respondent. On the fifth day of January, 1884, the respondent made her election to take dower in the real estate of her said husband in lieu of…
1ConcurrenceHouston, J.
Before the statute of 27 Henry 8, c. 10, commonly called the statute of uses, no jointure settled on a wife, either before or after marriage, could bar her dower at common law. Vernon’s Case, 4 Rep., 1, because by the rule of the common law a right or title which any one had to any estate of inheritance or freehold, as an estate for life which dower is at common law, could not be barred by acceptance of any manner of collateral satisfaction or recompense for it, but could only be barred by release or confirmation, or by an act which was tantamount to a release or confirmation. And for that…
2Cases cited3 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Farrow v. FarrowOrphan's Court of Delaware · 1822
- Crain v. CavanaNew York Supreme Court · 1862