Wait v. Wait
New York Supreme Court
Ejectment for dower, tried at the Saratoga circuit in November, 1847, before Justice A. 0. Paige. Joseph Wait died in 1845. On the 25th of November, 1825, the plaintiff obtained in the court of chancery of this state a decree of divorce against the said Joseph Wait for adultery committed by him. The following is a copy of that decree.
Read the full summary
Ejectment for dower, tried at the Saratoga circuit in November, 1847, before Justice A. 0. Paige. Joseph Wait died in 1845. On the 25th of November, 1825, the plaintiff obtained in the court of chancery of this state a decree of divorce against the said Joseph Wait for adultery committed by him. The following is a copy of that decree. “ This cause having been brought on this day to be heard upon the equity reserved, and for further directions upon the report of George W. Kirtland, Esq., one of the masters of this court, bearing date the 31st day of October last past, and upon the proofs taken…
1Dissent
Willard, J. dissenting.
The main question raised by this bill of exceptions is, whether the complainant is entitled to dower in lands whereof her husband was seised during the coverture, prior to the divorce for adultery committed by him, she being the innocent and he the guilty party. As the divorce took place in 1825, the cause must be decided, so far as the divorce is concerned, upon the law as it stood then.
When the case of Burr v. Burr was before me as vice chancellor of the 4th circuit, I intimated that “ after a divorce for *211adultery, the wife being the complainant, is still entitled to…
2Cases cited3 opinions
- Day v. WestNew York Court of Chancery · 1836
- Davol v. HowlandMassachusetts Supreme Judicial Court · 1817
- Reynolds v. ReynoldsNew York Supreme Court · 1840