Fisk v. Eastman
Superior Court of New Hampshire
Tins was a writ of entry brought to recover a tract of land in Hopkinton. As to the parcel of the demanded premises, which had been assigned to the tenant as her dower in the; estate of her late husband in the manner hereafter stated, she pleaded the general issue, and to the residue she filed a disclaimer. The cause was submitted to the decision of the court upon the following facts.
Read the full summary
Tins was a writ of entry brought to recover a tract of land in Hopkinton. As to the parcel of the demanded premises, which had been assigned to the tenant as her dower in the; estate of her late husband in the manner hereafter stated, she pleaded the general issue, and to the residue she filed a disclaimer. The cause was submitted to the decision of the court upon the following facts. On the 25th September, 1806, Benjamin Eastman, being seized of the demanded premises in fee, conveyed the same by deed, to his son, Moses Eastman, in fee, with warranty, and at the same time the said Moses, by…
1Opinion of the CourtHaeris, J.
The demandant, in this action, is entitled to judgment, unless the tenant’s claim to dower be well founded.
The question to be settled is, whether David Eastman, the late husband of the tenant, was, during the cover-ture, so seized of the demanded premises^ that his widow is entitled to dower in the same. If he were so seized, the tenant has a legal right to hold the part assigned to her, by the court of probate, which she now claims.
It is a well settled principle, that to entitle his widow to dower, the husband must have an actual corporeal sei-zin, or a right to such seizin, during the…
2Cases cited3 opinions
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Eldredge v. ForrestalMassachusetts Supreme Judicial Court · 1811
- Pinkham v. GearSuperior Court of New Hampshire · 1825
3Cited by1 opinion
- Moore v. EstySuperior Court of New Hampshire · 1831