Tobias v. . Ketchum
New York Court of Appeals
This is an action for the recovery of dower and mesne profits, .before admeasurement. The plaintiff is the widow of Silas Tobias. The defendants are his heirs-at-law, his executors, and the occupants, at the time of the commencement of the suit, of the several parcels of land of which dower is sought.
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This is an action for the recovery of dower and mesne profits, .before admeasurement. The plaintiff is the widow of Silas Tobias. The defendants are his heirs-at-law, his executors, and the occupants, at the time of the commencement of the suit, of the several parcels of land of which dower is sought. The defense set up is that the deceased husband, by his last will and testament, made provision for plaintiff which he intended to be in lieu of dower, and which, by plaintiff*’s failure to make her election pursuant to the statute, is a bar to her claim; and secondly, that plaintiff, by an…
1Opinion of the CourtDavis, J.
The testator not having declared in express terms that the provisions made by his will for his widow are given in lieu of dower, she is not put to her election unless the devises of the will “be so repugnant to the claim of dower, that they cannot stand together.” (Lewis v. Smith, 9 N. Y., 502; Bull v. Church, 2 Denio, 430; Jackson v. Churchill, 7 Cow., 287; Savage v. Burnham, 17 N. Y., 562.) This rule is a familiar one, and needs no further citation of authority.
In this case the provisions made by the will and codicil for the widow are as follows: '1st. The will gives her all the household…
2Cases cited4 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Lewis v. . SmithNew York Court of Appeals · 1854
- Church v. BullNew York Supreme Court · 1845
- Jackson ex dem. Loucks v. ChurchillNew York Supreme Court · 1827
3Cited by69 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- Hale v. HaleIllinois Supreme Court · 1893
- Robert v. . CorningNew York Court of Appeals · 1882
- Vernon v. . VernonNew York Court of Appeals · 1873
- Scott v. WestWisconsin Supreme Court · 1885
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