Gardner v. Greene
Supreme Court of Rhode Island
Bill in equity by the plaintiff, as the widow of the late Jesse Gardner of North Kingstown, deceased, for the assignment of dower to her in two third parts of the Roome farm, so called, lying in North Kingstown, against the defendant, as tenant in possession of the same.
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Bill in equity by the plaintiff, as the widow of the late Jesse Gardner of North Kingstown, deceased, for the assignment of dower to her in two third parts of the Roome farm, so called, lying in North Kingstown, against the defendant, as tenant in possession of the same. The case was heard upon bill and answer, from which it appeared, that the farm, in a portion of which the plaintiff claimed dower, was formerly the property of Ezekiel Gardner of North Kingstown, who dying seised in 1814, left it, in lieu of dower, to his widow, Susannah, during widowhood, with remainder in fee to his three…
1Opinion of the CourtAmes, C. J.
It is not pretended in this case, and indeed cannot be, that a widow is dowable out of lands in which her husband had at no period during the coverture, any other estate than a reversion or remainder in fee, expectant upon the determination of an estate for life, or what is the same thing for this purpose, expectant upon the determination of an estate during widowhood. 2 Co. Inst. 301. There could be no livery to such a remainder-man or reversioner at common law; the livery to the particular tenant enuring to his benefit, and he deemed to be “ entitled,” rather than “ seised,” in the strict…
2Cases cited6 opinions
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- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Willison v. WatkinsSupreme Court of the United States · 1830
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- Miles v. MilesSupreme Court of Pennsylvania · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kenyon v. KenyonSupreme Court of Rhode Island · 1891
- Lawrence v. StaiggSupreme Court of Rhode Island · 1874
- Lawrence v. StaiggSupreme Court of Rhode Island · 1874