In re the Dower Interest of the Estate of Wheaton

The opinion of the court was delivered by

EICHEN, J.A.D.

After the death of her husband, Frank H. Wheaton, Jr., Mary B. Wheaton commenced an action in the Chancery Division seeking a judgment permitting the sale of three pieces of real property Mr. Wheaton had owned at the time of his death (the properties).1 The complaint also requested the court “calculate the value of her dower or other interest [in the properties] on the basis of the net proceeds of sale.” Mrs. Wheaton died before the properties were sold.

The primary issue presented by this appeal is whether Mrs. Wheaton’s dower interest…