In re Cregier
New York Court of Chancery
This was an application for the sale of the real estate of infants, in which certain adult parties interested in the premises, consented to join in tiie sale, upon receiving their several proportions of the proceeds thereof, and to pay their respective proportions of the costs of the proceedings.
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This was an application for the sale of the real estate of infants, in which certain adult parties interested in the premises, consented to join in tiie sale, upon receiving their several proportions of the proceeds thereof, and to pay their respective proportions of the costs of the proceedings. The farin, proposed to be sold, originally belonged to F. Yander Bdgert, who died intestate, leaving his widow, Harriet Yander Bogert, surviving him, and five sons and one daughter, his only heirs at law. Isaac, one of the sons, afterwards died in the lifetime of his mother; leaving Augusta Yander…
1Opinion of the Court
The Chancellor.
The master has mistaken the legal rights of the parties in respect to their several interests in the premises. Where the husband takes land by descent from his father, subject to the dower of his mother in the same, and the dower is afterwards assigned to her, such assignment relates back to the death of the father; so as to deprive the widow of the son, whb dies in the lifetime of his mother, of dower even in the reversion of the third of the estate which is assigned to the mother for dower. (Dunham v. Osborn, 1 Paige's Rep. 634.) And upon the same principle, where the estate…
2Cited by13 opinions
- Durando v. . DurandoNew York Court of Appeals · 1861
- Green v. PutnamNew York Supreme Court · 1847
- Tayloe v. GouldNew York Supreme Court · 1851
- Stahl v. StahlIllinois Supreme Court · 1885
- Trolan v. RogersNew York Supreme Court · 1894
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