Lasher v. Lasher
New York Supreme Court
Motion by the defendant for a new trial, upon a bill of exceptions. The complaint alledged that on the 23d of April, 1838, George Lasher made and published his last will and testament, in due form of law to pass real estate, wherein he devised to his son, Elias Lasher, (the defendant,) the remaining one hundred acres, in his home lot where he then resided, together with the remaining half of the wood lot joining the lands of John S. Van Slyck, being fifteen acres, and to his…
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Motion by the defendant for a new trial, upon a bill of exceptions. The complaint alledged that on the 23d of April, 1838, George Lasher made and published his last will and testament, in due form of law to pass real estate, wherein he devised to his son, Elias Lasher, (the defendant,) the remaining one hundred acres, in his home lot where he then resided, together with the remaining half of the wood lot joining the lands of John S. Van Slyck, being fifteen acres, and to his heirs and assigns ; and he also gave by said will, to his wife Catharine Lasher, (the plaintiff,) the use of one room…
1Opinion of the Court
By the Court, Willard, P. J.
The pecuniary provision, made by George Lasher by his last will, in favor of his wife, the plaintiff, was not stated in the will to be in lieu of doWer. It was to continue, moreover, so long only as she remained his widow, and it was charged with the furnishing a home for his two daughters, so long as they remained single.
*109When the testamentary disposition in favor of the wife is not expressed to be in lieu of dower she is not put to her election, unless the terms and provisions of the will be totally inconsistent with her claim. (See 2 R. S. 714, § 13. Church v.…
2Cases cited2 opinions
- Church v. BullNew York Supreme Court · 1845
- Sanford v. JacksonNew York Court of Chancery · 1843
3Cited by9 opinions
- In re the Judicial Settlement of the Account of KelleyAppellate Division of the Supreme Court of the State of New York · 1928
- Weight v. JonesIndiana Supreme Court · 1886
- Borgner v. BrownIndiana Supreme Court · 1893
- In re ReimersNew York Surrogate's Court · 1929
- Mills v. ThompkinsAppellate Division of the Supreme Court of the State of New York · 1905
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