Legal Opinion

Connolly v. Smith

New York Supreme Court

Decided January 15, 1839PublishedCited by 3 opinions

Error from the New York common pleas. This was an action of ejectment brought by Catharine Smith, to recover the dower assigned to her in the estate of her husband, Patrick Smith, deceased. Patrick Smith being an alien, came to reside in this state in 1822. On the 1st August, 1823, he took the incipient steps to become naturalized, by duly declaring his intention to become a citizen.

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Error from the New York common pleas. This was an action of ejectment brought by Catharine Smith, to recover the dower assigned to her in the estate of her husband, Patrick Smith, deceased. Patrick Smith being an alien, came to reside in this state in 1822. On the 1st August, 1823, he took the incipient steps to become naturalized, by duly declaring his intention to become a citizen. On 28th January, 1828, he filed in the office of the secretary of state a deposition and certificate, as required by the act of the legislature of this state passed in 1825, relative to the purchase and holding…

1Opinion of the Court

By the Court,

Cowen J.

The ground taken in favor of ¡a reversal is, that the alien widow of a citizen, (she not being a resident till 1822,) is not entitled to dower. And this I understand to have been distinctly held in Mick v. Mick, 10 Wendell, 379. The widow, in that case, having been married and emigrating after 1808, the late chief justice, who delivered the opinion of the court, said she had no capacity to take either way—that is, as dowager or as devisee ; and she therefore lost the whole land. He said that the .legislature, in all their liberality to resident aliens have *61never made any…

2Cases cited3 opinions

  1. Waterbury v. MatherNew York Supreme Court · 1837
  2. Priest v. CummingsNew York Supreme Court · 1838
  3. Mick v. MickNew York Supreme Court · 1833

3Cited by3 opinions

  1. Bennett v. HarmsWisconsin Supreme Court · 1881
  2. Currin v. FinnNew York Supreme Court · 1846
  3. Greer v. SankstonNew York Supreme Court · 1858

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