Dodge v. Dodge
New York Supreme Court
APPEAL from a judgment entered at a special term. The plaintiff, Abigail Dodge, was married to Josiah Dodge, December 29th, 1846. On the 20th day of March, 1855, Dodge died, at Troy, in the state of Hew Hampshire, where he then resided, leaving him surviving Sarah E. Elagg and Josiah Dodge, children of a former marriage, and Henry Dodge, an infant, the issue of the marriage with the plaintiff.
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APPEAL from a judgment entered at a special term. The plaintiff, Abigail Dodge, was married to Josiah Dodge, December 29th, 1846. On the 20th day of March, 1855, Dodge died, at Troy, in the state of Hew Hampshire, where he then resided, leaving him surviving Sarah E. Elagg and Josiah Dodge, children of a former marriage, and Henry Dodge, an infant, the issue of the marriage with the plaintiff. At his decease, he was seised in fee of real estate, in Hew York and Hew Hampshire, being dwelling houses and lots, numbers 89, 91, 93 and 95 West Eleventh street, in the city of Hew York; also, three…
1Opinion of the Court
By the Court, Mullin, J.
The only question presented by the appeal in this case is, whether, under the provisions of the will of Josiah Dodge, deceased, the widow is compelled to elect between the provision made for her by the will, and her dower; or whether she is entitled to both the provision and the dower.
The will devises to the wife during her life the use of the homestead at Troy, in Cheshire county, New Hampshire, except such part as he bequeathed to his son. He further bequeathed to her an annuity of #400 during life, payable semi-annually in sums of #200 each, the first payment to be…
2Cases cited1 opinion
- Fuller v. YatesNew York Court of Chancery · 1840
3Cited by7 opinions
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- Alling v. ChatfieldSupreme Court of Connecticut · 1875
- Sullivan v. MaraNew York Supreme Court · 1865
- Vernon v. VernonNew York Supreme Court · 1872
- Estate of LambCalifornia Superior Court · 1910
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