Moore v. Esty
Superior Court of New Hampshire
This was a writ of dower, brought to recover the dower of the said Sophia, in three parcels of land, of which Josiah Moore, junior, her late husband, was alleged to have been seized during the coverture. The cause was submitted to the court upon the following case. Josiah Moore, junior, the husband of the demandant, was seized during the coverture of two of the parcels of land described in the writ.
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This was a writ of dower, brought to recover the dower of the said Sophia, in three parcels of land, of which Josiah Moore, junior, her late husband, was alleged to have been seized during the coverture. The cause was submitted to the court upon the following case. Josiah Moore, junior, the husband of the demandant, was seized during the coverture of two of the parcels of land described in the writ. On the 2d April, 1818, Josiah Moore, the father of the said Josiah Moore, junior, being seized of the other par-eel of land mentioned in the writ, conveyed the same to the said Josiah, junior, in…
1Opinion of the CourtRichardson, C. J.
It is contended, in this case, that the demandant is not to be defeated, on the ground that the husband had only an instantaneous seizin, because he took a fee, and parted only with a freehold. It is said the rule that a widow is not to be endowed of an instantaneous seizin, does not apply in such a ease. But we see no ground on which this distinction can be maintained. A widow is not entitled to dower in the cases,twhere the rule applies, because her'husband was never beneficially seized of any present estate of inheritance during the coverture. And whether he reconveys, in these cases, a…
2Cases cited8 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Collins v. TorryNew York Supreme Court · 1810
- Embree v. EllisNew York Supreme Court · 1807
- Hitchcock v. CarpenterNew York Supreme Court · 1812
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3Cited by1 opinion
- Comtois v. MAK Investments, LLC (In Re Comtois)United States Bankruptcy Court, D. New Hampshire · 2007