Armstrong v. Trustees of Union College
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Trustees of Union College in the Town of Schenectady, in the State of New York, from an order of the Supreme Court, made at the Essex Special Term and entered in the office of the clerk of the county of Clinton on the 18th day of May, 1899,- continuing the action in the name of Emmett Arm-: strong, as executor, etc., of Harriet H. Armstrong, deceased.
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Appeal by the defendant, The Trustees of Union College in the Town of Schenectady, in the State of New York, from an order of the Supreme Court, made at the Essex Special Term and entered in the office of the clerk of the county of Clinton on the 18th day of May, 1899,- continuing the action in the name of Emmett Arm-: strong, as executor, etc., of Harriet H. Armstrong, deceased. This action was brought by one Harriet H. Armstrong to recover her dower interest in certain lands of which the defendant, the Trustees of Union College, is the present owner, and also damages for the withholding of…
1Opinion of the Court
Adams, P. J.:
It'is the contention of the learned counsel for the respondent that notwithstanding the death of Mrs. Armstrong before she had established her right to dower in the premises of which her husband died seized, he, as her executor, is entitled to recover such arrears of dower as would belong to her if she were living; and to that end that he should be affdrded an opportunity to review the judgment in her dower action, in order to obtain a reversal thereof if sufficient ground therefor can be assigned.
This certainly presents an interesting and somewhat novel question, and one which…
2Cases cited12 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Rogers v. RogersNew York Court of Chancery · 1828
- Kyle v. . KyleNew York Court of Appeals · 1876
- Robinson v. . GoversNew York Court of Appeals · 1893
- Coates v. CheeverNew York Supreme Court · 1823
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3Cited by2 opinions
- State Ex Rel. Cardinal Glennon Memorial Hospital for Children v. GaertnerSupreme Court of Missouri · 1979
- State Ex Rel. Cardinal Glennon Memorial Hospital for Children v. GaertnerSupreme Court of Missouri · 1979