Wood v. Keyes
New York Court of Chancery
The object of the bill in this cause was to restrain the defendant L. Keyes, the widow of Parley Keyes deceased, from prosecuting numerous ejectment suits against the grantees of her late husband; and to compel her to take an assignment of her whole dower out of the estate of which he died seized. Her husband had in his life time conveyed divers village lots and other portions of his estate with warranty; in which conveyances the wife had not joined.
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The object of the bill in this cause was to restrain the defendant L. Keyes, the widow of Parley Keyes deceased, from prosecuting numerous ejectment suits against the grantees of her late husband; and to compel her to take an assignment of her whole dower out of the estate of which he died seized. Her husband had in his life time conveyed divers village lots and other portions of his estate with warranty; in which conveyances the wife had not joined. And upon his death a large real and personal estate of which he was then seized and possessed was devised to the complainant upon a valid trust…
1Opinion of the Court
The Chancellor.
This is a case that clearly calls for the interposition of this court, to prevent the gross injustice of permitting the whole estate of which the husband died seized from being destroyed by the costs of a useless litigation respecting the separate claims of dower in the various lots conveyed by the husband, when the trustee is willing to have the whole dower assigned at once out of the estate which must ultimately bear the loss. It is at least doubtful whether this could be done in a court of law without the assent of the widow. But, as it can be of no possible benefit to the…
2Cited by7 opinions
- Danforth v. DanforthIllinois Supreme Court · 1884
- Longshore v. LongshoreIllinois Supreme Court · 1902
- Gunderman v. GunnisonMichigan Supreme Court · 1878
- MacLean v. HartAppellate Division of the Supreme Court of the State of New York · 1933
- Reed v. ButlerNew York Court of Common Pleas · 1860
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