Burnet's Widow v. Burnet's & Devisees
New Jersey Court of Chancery
On bill, answer and proofs. This is a friendly suit by a widow against ber husband’s executor and devisees, the latter being her infant children. The subject- of the controversy is the sum of $2,526.59, part of the proceeds of the sale by the executor of certain mortgaged real estate of the testator situate in New York. Its ownership depends upon the construction of the testator’s will in connection with the widow’s right of dower in the lands sold.
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On bill, answer and proofs. This is a friendly suit by a widow against ber husband’s executor and devisees, the latter being her infant children. The subject- of the controversy is the sum of $2,526.59, part of the proceeds of the sale by the executor of certain mortgaged real estate of the testator situate in New York. Its ownership depends upon the construction of the testator’s will in connection with the widow’s right of dower in the lands sold. The facts are as follows: Henry R. Burnet, the testator, and husband of the complainant, lived and was domiciled at Madison, Morris county, New…
1Opinion of the Court
Pitney, V. C.
Counsel for the complainant rested her right to the fund in question mainly on two grounds:
First. He contended that the wife, in joining w'ith her husband in releasing her inchoate right of dower to secure his debt, assumed and occupied the position of a surety for him, and acquired all the rights of a surety, and, among them, the right to have the debts so secured paid out of any assets which the husband may leave, including land; and that the payment of such debts should and did exonerate the lands mortgaged from the lien of the mortgages, so far as her dower is concerned, and, *147…
2Cases cited8 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Hawley v. BradfordNew York Court of Chancery · 1841
- House v. HouseNew York Court of Chancery · 1843
- Titus v. NeilsonNew York Court of Chancery · 1821
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gerhardt v. SullivanNew Jersey Court of Chancery · 1930
- Alt v. KwiatekNew Jersey Court of Chancery · 1941
- Potter v. WatkinsNew Jersey Court of Chancery · 1928
- Block v. P. G. Realty Co.New Jersey Court of Chancery · 1924
- Campbell v. CampbellNew Jersey Court of Chancery · 1947