Gaylord v. Dodge
Indiana Supreme Court
APPEAL from the Tippecanoe Circuit Court. This was a complaint against the appellants by Rebecca A. Dodge, claiming title, as the widow of Nathan B. Dodge, deceased, to an undivided third part of certain real estate. Issues were formed, and the cause was submitted to the court for trial.
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APPEAL from the Tippecanoe Circuit Court. This was a complaint against the appellants by Rebecca A. Dodge, claiming title, as the widow of Nathan B. Dodge, deceased, to an undivided third part of certain real estate. Issues were formed, and the cause was submitted to the court for trial. The court found “for the plaintiff, and that she is the owner in fee simple, as smwiving widow of Nathan B. Bodge, deceased, of the undivided one-third of the land described in her complaint, and that she is entitled to a conveyance vesting in her said undivided interest.” A motion for a new trial having been…
1Opinion of the CourtElliott, J.
Tenancies in dower, having been abolished by statute, no longer exist in this State. The rights of a surviving wife in the real estate of her husband are those created by statute alone, and hence the question presented here must be determined by reference to the provisions of the statute on that subject.
*48These rights, so far as they are involved in this case, are defined by sections 17 and 27 of the statute of descents, which are as follows:
“ Sec. 17. If a husband die testate, or intestate, leaving a widow, one-third of his real estate shall descend to her in fee simple, free from all demands…
2Cited by7 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Robertson v. Van CleaveIndiana Supreme Court · 1891
- Stroup v. StroupIndiana Supreme Court · 1895
- Gaylord v. City of LafayetteIndiana Supreme Court · 1888
- Adams v. La RoseIndiana Supreme Court · 1881
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