Jackson ex dem. Clarke v. Randall
New York Supreme Court
Ejectment, for lands assigned to the lessor of the plaintiff as dower, pursuant to the statute, (1 R. L. 60, 1, 2,) on her petition to the surrogate of Otsego county, tried at the Otsego Circuit, September, 1824, before Nelson, C. Judge, At the trial, the intermarriage of the lessor of the plain tiff with Samuel Tyler, and his death, about three years before, the trial, being proved by the plaintiff, his counsel then gave in evidence the proceedings before the surrogate; by…
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Ejectment, for lands assigned to the lessor of the plaintiff as dower, pursuant to the statute, (1 R. L. 60, 1, 2,) on her petition to the surrogate of Otsego county, tried at the Otsego Circuit, September, 1824, before Nelson, C. Judge, At the trial, the intermarriage of the lessor of the plain tiff with Samuel Tyler, and his death, about three years before, the trial, being proved by the plaintiff, his counsel then gave in evidence the proceedings before the surrogate; by which it appeared that certain lands, particularly described in the proceedings, situate in Pittsfield, Otsego county,…
1Opinion of the Court
Curia, per Sutherland, J.
The Judge erred in holding these proceedings conclusive evidence of the title and seisin of the husband. In the Matter of Martha Watkins, widow, "(9 John. 246,) the Court say, the proceedings of the surrogate, under the act, 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…
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