Harrison v. Peck
New York Supreme Court
APPEAL by the plaintiffs from a judgment entered upon the report of a referee. ' John Harrison died August 6th, 1861, leaving the defendant, his widow, entitled j;o dower in his real estate, but leaving a will devising all his estate, real and personal, to George Harrison, for whom the plaintiffs sue as committee of his person and estate.
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APPEAL by the plaintiffs from a judgment entered upon the report of a referee. ' John Harrison died August 6th, 1861, leaving the defendant, his widow, entitled j;o dower in his real estate, but leaving a will devising all his estate, real and personal, to George Harrison, for whom the plaintiffs sue as committee of his person and estate. Dower was assigned to the defendant by deed between George Harrison and the defendant, dated November 15, 1861, by which certain lands were set apart to her for dower and the balance released by her, and after a recital that the premises of which John…
1Opinion of the Court
By the Court,
Brady, J.
It is not necessary to add to the opinion of the referee in this case, which embraces and properly disposes of the questions involved herein; but a few suggestions may not be objectionable. It is said that dower is highly favored in equity; and it was said by the master of the rolls, (Sir Thomas Trevor,) on one occasion, “ the right that a doweress has to her dower is not only a legal right, and so adjudged in the law, but it is also a moral right, to be provided for and have a maintenance and sustenance out of her husband’s estate, to live upon. She is therefore in the…
2Cases cited2 opinions
- Denton v. NannyNew York Supreme Court · 1850
- Seabury v. BowenNew York Surrogate's Court · 1855
3Cited by4 opinions
- Vanderbeck v. . City of RochesterNew York Court of Appeals · 1890
- Taylor v. BentleyNew York Surrogate's Court · 1877
- Smith v. CornellThe Superior Court of New York City · 1885
- Vanderbeck v. City of RochesterNew York Supreme Court · 1887