Howell v. Newman
New York Supreme Court
Exceptions from circuit court, New York county. Action by Henry 0. Howell, as administrator of Sallie A. Howell, deceased, against Allen G. Newman, as executor and trustee under the will of Thomas Gardner, deceased, and others. At the trial the complaint was dismissed on the pleadings, and plaintiff’s exceptions were ordered to be heard in the first instance at the general term.
1Opinion of the CourtO’Brien, J.
This is an action for the recovery of dower right, brought against the estate of and beneficiaries under the will of the late Thomas Gardner by the plaintiff, as the personal representative of the assignee of such dower right. The widow and dowress, by deed dated the 18th day of October, 1888, assigned her dower and right of dower to Sallie A. Howell, plaintiff’s intestate, who subsequently diéd August 7, 1889, and this action was commenced after her death, October 5, 1889. Ho action for admeasurement of dower in any shape was brought in the life-time of Emma Gardner. The sole ground upon…
2Cases cited3 opinions
- Payne v. . BeckerNew York Court of Appeals · 1881
- Kyle v. . KyleNew York Court of Appeals · 1876
- Pope v. . MeadNew York Court of Appeals · 1885
3Cited by8 opinions
- Siemsen v. Oakland, San Leandro, & Haywards Electric RailwayCalifornia Supreme Court · 1901
- Youngs v. GoodmanNew York Court of Appeals · 1925
- Saper v. DelgadoCourt of Appeals for the Second Circuit · 1945
- Armstrong v. Trustees of Union CollegeAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of StevensNew York Surrogate's Court · 1935
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