Ketchum v. Ketchum

The late husband died on the 12th day of February, 1929, and this action was brought on the 14th day of October, 1930. The defense is that there are provisions for the plaintiff made in the last will and testament of her late husband, which provisions are in lieu of dower and that the time for the plaintiff to elect between taking that which is provided by the will, or her dower rights, has expired. (Real Prop. Law, §§ 200, 201; § 201 amd. by Laws of 1929, chap. 229.)

There can be no dispute concerning the legal principles involved. The plaintiff is entitled to dower in her husband’s real…