Dunham v. Osborn
New York Court of Chancery
A bill for partition was filed in this cause, and the only question between the parties was as to the extent of the dower right of the widow of D. Dunham in the premises. J. H. Maxwell was the former owner of the premises, and his right thereto was sold upon execution in his lifetime, and two-thirds thereof became vested in D. Dunham, and the other third in Osborn. D. Dunham died in the lifetime of Maxwell.
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A bill for partition was filed in this cause, and the only question between the parties was as to the extent of the dower right of the widow of D. Dunham in the premises. J. H. Maxwell was the former owner of the premises, and his right thereto was sold upon execution in his lifetime, and two-thirds thereof became vested in D. Dunham, and the other third in Osborn. D. Dunham died in the lifetime of Maxwell. Upon Maxwell’s death, his widow became entitled to dower in the premises; but it was insisted that the widow of Dunham was not entitled to dower therein, as there could not be two rights…
1Opinion of the Court
The Chancellor :—Maxwell having • been the sole *636owner during coverture, there can he no doubt of the right of his widow to dower in the whole premises, in value as they were at the time of the sale on the execution against her husband. (Hale v. James, 6 John. Ch. Rep. 258.) But it is insisted there cannot be two rights of dower in the same premises, and that the widow of D. Dunham must be wholly excluded. Two widows cannot be endowed of the whole estate at the same time; and if the widow of the person last seized is endowed, it must be of the remainder of the estate only, subject to the dower…
2Cases cited2 opinions
- Eldredge v. ForrestalMassachusetts Supreme Judicial Court · 1811
- Shoemaker v. WalkerSupreme Court of Pennsylvania · 1814
3Cited by19 opinions
- Durando v. . DurandoNew York Court of Appeals · 1861
- Green v. PutnamNew York Supreme Court · 1847
- Elwood v. KlockNew York Supreme Court · 1852
- Frain v. BurgettIndiana Supreme Court · 1898
- Tayloe v. GouldNew York Supreme Court · 1851
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