Gray v. McCune
Supreme Court of Pennsylvania
This was an action of dower, by James Gray and Mary Ann his wife v. William C. McCune, brought on 23d June, 1853, to recover dower in two tracts of land, formerly the property of John McCune, the first husband of the said Mary. John McCune aforesaid was seised of three tracts of land, one, on which he lived, containing about 190 acres, and another of 75 acres, chiefly timber land, and the third containing about 200 acres.
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This was an action of dower, by James Gray and Mary Ann his wife v. William C. McCune, brought on 23d June, 1853, to recover dower in two tracts of land, formerly the property of John McCune, the first husband of the said Mary. John McCune aforesaid was seised of three tracts of land, one, on which he lived, containing about 190 acres, and another of 75 acres, chiefly timber land, and the third containing about 200 acres. By a first wife he had five children, William McCune, the defendant, being one of them. So owning the said lands, he became married to the said Mary Ann about 1824. By deed,…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
In Leineweaver v. Stoever, 1 W. & Ser. 160, it was held that the acceptance by the wife of her distributive share of her husband’s estate under the intestate law, did not bar her action of dower in lands which her husband had conveyed to a stranger, and which formed no part of his estate at his death. In Borland v. Nichols, 2 Jones 43, the same principle was applied to the ac*450ceptance by a wife of a devise under her husband’s will. The first was a decision under the Act of 1794, and the other under that of 1797. Both statutes had relation…
2Cases cited1 opinion
- Pixley v. BennettMassachusetts Supreme Judicial Court · 1814
3Cited by5 opinions
- McCutcheon's EstateSupreme Court of Pennsylvania · 1925
- Merrick v. DupontSupreme Court of Pennsylvania · 1926
- Grant v. Jackson & Sharp Co.Court of Chancery of Delaware · 1882
- Bridgeford v. Groh, Pennsylvania Court of Common Pleas, Philadelphia County1927
- Martin v. Weaver, Pennsylvania Court of Common Pleas, Fulton County1928