Fish v. Fish
Supreme Court of Connecticut
THIS was an appeal, by the administrators of Miller Fish, deceased, from a decree of the court of probate for the district of Hartford, assigning dower, and appointing distributors to set out the same, to the widow. The case was shortly this. Miller Fish, in his life time, being seised of several pieces of real estate, mortgaged them to several persons, some for as much as, and others for much less than, their value.
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THIS was an appeal, by the administrators of Miller Fish, deceased, from a decree of the court of probate for the district of Hartford, assigning dower, and appointing distributors to set out the same, to the widow. The case was shortly this. Miller Fish, in his life time, being seised of several pieces of real estate, mortgaged them to several persons, some for as much as, and others for much less than, their value. These mortgages had all become forfeited at law, before the mortgagor’s death ; and no part of the mortgage money had been paid. Neither of the mortgagees had entered ; nor had…
1Opinion of the Court
Swift, Ch. J.
The question whether a widow can be endowed of an equity of redemption comes before this Court, the first time, for a decision ; and we are at liberty to decide it on principle.
It is provided by statute, that the wife shall have dower in one third part of the real estate of her husband, which he stood possessed of, in his own right, at his decease (a). The expression “ in his own right,” is intended to exclude dower *560in lands holden in the right of another, and does not require that the estate should be in fee-simple.
The enquiry then is, whether the mortgagor is not possessed of…
2Cases cited1 opinion
- Henthorn v. DoeIndiana Supreme Court · 1822
3Cited by10 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Clark v. BeachSupreme Court of Connecticut · 1826
- McKelvey v. CreeveySupreme Court of Connecticut · 1900
- Greene v. HuntingtonSupreme Court of Connecticut · 1900
- Bates v. CoeSupreme Court of Connecticut · 1834
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