Tooke v. Hardeman
Supreme Court of Georgia
Petition for dower, in Pulaski Superior Court; also, bill in Equity in said Court. Both decided by Judge Scarborough, March Term, 1849. These causes, involving the same questions, and being parcel of the same case, were argued together. Allen Tóoke, of Houston County, died, leaving the following last will, which was only proven and recorded : “Georgia, Houston County: “ In the name of God, amen.
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Petition for dower, in Pulaski Superior Court; also, bill in Equity in said Court. Both decided by Judge Scarborough, March Term, 1849. These causes, involving the same questions, and being parcel of the same case, were argued together. Allen Tóoke, of Houston County, died, leaving the following last will, which was only proven and recorded : “Georgia, Houston County: “ In the name of God, amen. I, Allen Tooke, being sibk and weak in body, but of sound and .disposing mind and memory, and understanding, &c. do make, publish and declare this to be my last will and testament, in the following…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
This is an application for dower by the widow of Allen Tooke,. deceased, under the Statutes of this State. By our law, the widow is entitled to her dower, in all lands of which her husband died seized and possessed, and such as he acquired in her right, by his intermarriage with her. Prince, 249. On the trial of this cause on the Equity side of the Court, the Jury found a verdict in favor of the widow. The equitable circumstances charged in the bill, extrinsic of the will, were expressly denied by the answer, and supported but by one witness…
2Cases cited3 opinions
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
- Jackson ex dem. Clark v. O'DonaghyNew York Supreme Court · 1810
- Jackson ex dem. Totten v. AspellNew York Supreme Court · 1823
3Cited by15 opinions
- Tolley v. PoteetWest Virginia Supreme Court · 1907
- Grant v. SosebeeSupreme Court of Georgia · 1929
- Jones v. GrimesSupreme Court of Georgia · 1964
- McNair v. RabunSupreme Court of Georgia · 1924
- Chambliss v. BoltonSupreme Court of Georgia · 1917
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