Ryder v. . Kennedy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 9, 1915, affirming a final judgment of the Kings County Court in favor of plaintiff and defendants,' respondents, entered upon an interlocutory judgment confirming the report of a referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 9, 1915, affirming a final judgment of the Kings County Court in favor of plaintiff and defendants,' respondents, entered upon an interlocutory judgment confirming the report of a referee. The action is in partition, brought by certain of the heirs at law of Thomas J. Kennedy, deceased, against his widow, Meta A. Kennedy, and certain of his other heirs and other persons interested in the estate. Kennedy died in 1910, leaving his widow aforesaid, but no descendants. His…
1Opinion of the CourtCuddeback, J.
It is quite evident that if the final judgment appealed from directing a distribution to the heirs at law of the rents from the real estate sought to be partitioned stands, the widow will not be able hereafter to obtain any portion of the rents which accrued from those premises after her husband’s death. In the face of that judgment she could not thereafter maintain an action for arrearages of dower if otherwise she might.
It is the duty of an heir to assign dower to the widow as soon as may be after quarantine without any demand being made therefor. Section 1600 of the Code of Civil Procedure…
2Cases cited2 opinions
- Kyle v. . KyleNew York Court of Appeals · 1876
- Johnson v. GordonSupreme Court of Georgia · 1897
3Cited by1 opinion
- In re the Estate of KearnsNew York Surrogate's Court · 1931