Williams v. Cox
New York Court of Chancery
Bill for dower, filed by the complainant Eliza B. Williams, as the widow of Cornelius Tiebout Williams, deceased. The complainant’s late husband had granted leases of parts of his real estate, with renewals, to Mr. Samuel B. Ruggles ; and, by a subsequent instrument, the complainant, as his wife, released and quit-claimed unto the said Samuel B. Ruggles, his executors, administrators and assigns, all estate, interest and dower which she had or might have in the premises so…
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Bill for dower, filed by the complainant Eliza B. Williams, as the widow of Cornelius Tiebout Williams, deceased. The complainant’s late husband had granted leases of parts of his real estate, with renewals, to Mr. Samuel B. Ruggles ; and, by a subsequent instrument, the complainant, as his wife, released and quit-claimed unto the said Samuel B. Ruggles, his executors, administrators and assigns, all estate, interest and dower which she had or might have in the premises so leased; with habendum to the said Samuel B. Ruggles, free and clear from any claim of dower therein so long as he, the…
1Opinion of the Court
The Vice-Chancellor :
The first question is, upon the effect of the release executed by the complainant ? I consider she executed it to quiet the possession of the lessee and his assigns against her possessory right to dower in the leasehold premises during the term. If it had not been for this release, the wife would have been entitled to call upon the lessee to put her in possession of one third of the premises ; and, if refused, she could have recovered it by ejectment.
This was no doubt foreseen by Mr. Ruggles. It was rightly put by the counsel for the complainant that the release to…
2Cited by3 opinions
- Jackson ex dem. Loucks v. ChurchillNew York Supreme Court · 1827
- Gunning v. CarmanNew York Surrogate's Court · 1877
- Taylor v. BentleyNew York Surrogate's Court · 1877