Spinning v. Spinning
Supreme Court of New Jersey
On appeal from, a decree advised by "Vice-Chancellor Van Fleet, whose opinion is reported in Spinning v. Spinning, 14 Stew. Eq. I$7. Charles Spinning, late of the city of Newark, died May 11th, 1882, intestate, seized in fee of lots Nos. 31, 33 and 35 Franklin street, subject to a mortgage for $2,300, executed by him and his wife, in his lifetime, to the Newark Fire Insurance Company.
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On appeal from, a decree advised by "Vice-Chancellor Van Fleet, whose opinion is reported in Spinning v. Spinning, 14 Stew. Eq. I$7. Charles Spinning, late of the city of Newark, died May 11th, 1882, intestate, seized in fee of lots Nos. 31, 33 and 35 Franklin street, subject to a mortgage for $2,300, executed by him and his wife, in his lifetime, to the Newark Fire Insurance Company. There were three houses standing on the lots, two of frame and one of brick, occupied by him at the time of his death and since by his widow, the respondent, as a family residence. She has received the rents of…
1Opinion of the Court
The opinion of the court was delivered by
Soudder, J.
The single question presented for our determination is whether the respondent, in stating her account of rents received, and expenditures for the three houses, shall be credited with the taxes, proportion of interest and repairs of the dwelling-house occupied by her since the death of her husband. As widow, she is entitled to dower in all of these lands, of which her husband *244died seized, and the value of that dower right will be paid to her from the proceeds of the sale of the premises in these proceedings. But, as her dower was not assigned…
2Cases cited4 opinions
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Wheeler v. DawsonIllinois Supreme Court · 1872
- Burks' Heirs v. OsbornCourt of Appeals of Kentucky · 1849
- Strawn v. Strawn's HeirsIllinois Supreme Court · 1869
3Cited by8 opinions
- In Re FlaschNew Jersey Superior Court Appellate Division · 1958
- Alt v. KwiatekNew Jersey Court of Chancery · 1941
- Vineland Shopping Center, Inc. v. De MarcoSupreme Court of New Jersey · 1961
- Bahr v. CooperNew Jersey Court of Chancery · 1948
- Brands v. CassedyNew Jersey Court of Chancery · 1938
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