Hyde v. Hyde
New York Supreme Court
Appeal from proceedings before a surrogate on admeasurement of dower. The husband of the widow died seised of 440 acres of land, of which 125 acres were assigned to her by the admeasurers appointed on her petition by the surrogate of Wayne county.
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Appeal from proceedings before a surrogate on admeasurement of dower. The husband of the widow died seised of 440 acres of land, of which 125 acres were assigned to her by the admeasurers appointed on her petition by the surrogate of Wayne county. On the hearing before the surrogate, it was shewn on the part of the infant heirs of the deceased, that long after the marriage, the deceased and his wife joined in a conveyance of 75 acres of land in fee to the brothers of the wife, who, on the same day, re-conveyed the land to the wife; and it was objected that such conveyance barred the widow of…
1Opinion of the Court
By the Court,
Marcy, J.
The only question presented by this appeal is whether the post nuptial provision made by the husband for his wife was intended to be in Eeu of dower, This, as I understand the law, was not a question to be settled by the surrogate, and consequently not to be raised and determined on this appeal. The proceedings before the surrogate assume that the widow is entitled to dower out of the lands in question. She does not get possession by the agency of the admeasurers ; but if what is assigned to her by them is not quietly yielded up she must resort to her aection. *632Those who…
2Cited by3 opinions
- Parks v. HardeyNew York Surrogate's Court · 1856
- Doe D. Burton v. WrightSuperior Court of Delaware · 1859
- Wood v. . SeelyNew York Court of Appeals · 1865