Sherman v. Hayward
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas H. Sherman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 4th day of November, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Jenks, J.:
I am of opinion that the defendant’s right of dower cannot be reached by a creditor’s bill. In Clifford v. Kampfe (147 N. Y. 383, 385) the court, per Haight, J., s'ay: “ Dower accrues to the widow and not to the wife, and until she becomes a widow, her right is inchoate and contingent. Her claim can only become effective on the death of her husband and her survival. Being inchoate and contingent, her interest does not amount to an estate or title, and yet she has an interest which attaches to the land as soon as there is a concurrence of marriage and seizin. (4 Kent’s Com. 50.) ” In…
2Cases cited15 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Hammond v. . PennockNew York Court of Appeals · 1874
- Randall v. KreigerSupreme Court of the United States · 1875
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Gillet v. FairchildNew York Supreme Court · 1847
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- North v. PuckettTennessee Supreme Court · 1932
- Brumer v. BrumerAppellate Division of the Supreme Court of the State of New York · 1928
- Crawford v. WoodsNew York Supreme Court · 1921
- Shueler v. LevyNew York Supreme Court · 1911