Kiddall v. Trimble
High Court of Chancery of Maryland
[William Jacob, of the city of Baltimore, being seized and possessed of certain real estate in said city, departed this life on the fifteenth day of July, in the year 1804, leaving his wife Jane Jacob surviving him ; who took possession of said real estate, under the mistaken impression that she had a life estate therein, and continued to hold the same until her death, which occurred on the 19th July, 1837. He had issue by his said wife, a daughter, named Mary, who died…
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[William Jacob, of the city of Baltimore, being seized and possessed of certain real estate in said city, departed this life on the fifteenth day of July, in the year 1804, leaving his wife Jane Jacob surviving him ; who took possession of said real estate, under the mistaken impression that she had a life estate therein, and continued to hold the same until her death, which occurred on the 19th July, 1837. He had issue by his said wife, a daughter, named Mary, who died before him, and who, in her lifetime had intermarried with a certain Thorndick Chase, by whom she had issue three children,…
1Opinion of the Court
The Chancellor :
The bill in this case, then, is, to recover a proportion of the rents and profits of. certain real estate, in which the complainant claimed dower, upon the allegation that her late husband, William I. Chase, died seized thereof. And there can be no doubt, assuming such to be the case, that a court of law was competent to give her damages for the detention of her dower. The statute of Merton, when the husband dies seized, giving the wife damages equal to the value of the dower, from the time of the death of the husband. 4 Kent Com., 65; Park on Dower, 302.
It was supposed at one…
2Cases cited2 opinions
- Steiger's Adm'r v. HillenCourt of Appeals of Maryland · 1833
- Sellman v. BowenCourt of Appeals of Maryland · 1836
3Cited by3 opinions
- Pollitt v. KerrNew Jersey Court of Chancery · 1891
- Armstrong v. Trustees of Union CollegeAppellate Division of the Supreme Court of the State of New York · 1900
- Rickwood v. SmithCourt of Appeals of Maryland · 1924