Doane v. Heirs of Doane
Supreme Court of Vermont
The parties agreed upon the following statement of facts : Martha Doane was the widow of Reuben Doane, who died in May, 1856, leaving real estate of which he was seized in fee at the time of his death. Administration was duly granted upon his estate. On the 2d of June, 1857, dower was duly decreed and set out according to law in such real estate to the widow.
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The parties agreed upon the following statement of facts : Martha Doane was the widow of Reuben Doane, who died in May, 1856, leaving real estate of which he was seized in fee at the time of his death. Administration was duly granted upon his estate. On the 2d of June, 1857, dower was duly decreed and set out according to law in such real estate to the widow. The report of commissioners setting out such dower was returned and accepted September 8th, 1857. On the 9th of April, 1859, application was made by the guardian of the widow to the probate court to set out the homestead right of the…
1Opinion of the Court
Roland, Ch. J.
The homestead act of 1849, now forming chap. 65 of the Comp. Stat., which, among other things, provides that “ the homestead of every housekeeper or head of a family, on his decease, shall wholly pass to his widow, and children, if any there be,” makes no allusion to the widow’s right of dower, whatever, or to any effect which such right to the homestead would have upon her right to dower out of her deceased husband’s estate. It has never been supposed, however, nor is it now claimed by the defendants, that the homestead was given in lieu of dower, or that she was not entitled…
2Cited by2 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Voelz v. VoelzWisconsin Supreme Court · 1894