Leonard v. Steele
New York Supreme Court
In Equity. The bill in this suit was filed for the admeasurement of the dower of the plaintiff Susan Leonard, as the widow of Philo Mills, in premises devised to the defendant by Sidney S. Mills, the son of Susan Leonard and Philo Mills, and for damages for the withholding of her dower by the defendant. Philo Mills died intestate.
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In Equity. The bill in this suit was filed for the admeasurement of the dower of the plaintiff Susan Leonard, as the widow of Philo Mills, in premises devised to the defendant by Sidney S. Mills, the son of Susan Leonard and Philo Mills, and for damages for the withholding of her dower by the defendant. Philo Mills died intestate. Sidney S. Mills by his will devised a pan of the real estate which descended to him from his father, to his mother, and the residue he devised to the defendant.
1Opinion of the CourtPaige, J.
The doctrine of election originates in inconsistent or alternative donations, where there is a clear intention of the *21person from whom one or both are derived, that one should be a substitute for the other. In such case the donee is not entitled to both donations, but he has his election which he will take. (Story’s Eq. § 1075. Dillon v. Parker, 1 Swanst. 393, note b.) The doctrine is founded on the intention, expressed or implied, of the donor. The intention of the donor that the donee should not receive both donations, when not declared by express words, must be deducible by clear and…
2Cases cited5 opinions
- Rogers v. RogersNew York Court of Chancery · 1828
- Church v. BullNew York Supreme Court · 1845
- Fuller v. YatesNew York Court of Chancery · 1840
- Walker v. SchuylerNew York Supreme Court · 1833
- Humphrey v. PhinneyNew York Supreme Court · 1807
3Cited by21 opinions
- Williams v. Giant Food Inc.Court of Appeals for the Fourth Circuit · 2004
- In re Hayden's EstateNew York Supreme Court · 1889
- Fleming v. AsbillCourt of Appeals for the Fourth Circuit · 1994
- Sterling Widmark v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Ninth Circuit · 2006
- In re the Judicial Settlement of the Accounts of BrattNew York Surrogate's Court · 1894
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