Legal Opinion

Van Gelder v. Post

New York Court of Chancery

Decided February 9, 1836PublishedCited by 5 opinions

Bill by Elizabeth Van Gelder, for her dower, as the widow of Abraham Van Gelder, out of one fourth part of lots and buildings situated in William Street in the city of New York. The points in the case were, upon the sufficiency of the evidence of marriage and the effect of a partition.

1Opinion of the Court

The Vice-Chancellor:

In order to make out a prima facie right to dower, three things are necessary to be proved : marriage, seizin and the death of a husband.

No question is made in .the present case as to the two last. Abraham Van Gelder, whom the complainant alleges to have been her husband, was seized of an undivided fourth part of the premises in which she claims her dower; and his death, during the year one thousand eight hundred and twenty-two, is clearly proved.

But it is said, there is not sufficient evidence of marriage: the testimony not showing an actual solemnization of mar*578riage…

2Cases cited2 opinions

  1. Walker v. SchuylerNew York Supreme Court · 1833
  2. Ward v. KiltsNew York Supreme Court · 1834

3Cited by5 opinions

  1. Shupe v. RaineySupreme Court of Pennsylvania · 1917
  2. Fagan v. FaganNew York Supreme Court · 1890
  3. Baden v. McKennyDistrict of Columbia Court of Appeals · 1889
  4. Card v. PudneyAppellate Division of the Supreme Court of the State of New York · 1899
  5. Howells v. McGrawAppellate Division of the Supreme Court of the State of New York · 1904

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