Townsend v. Townsend
The Superior Court of New York City
Demurrer to an answer. The complaint stated the marriage of the plaintiff to Benjamin Townsend in 1839, his death in August, 1848, and that during her coverture he was seized of various lands in the city of New York, particularly described.
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Demurrer to an answer. The complaint stated the marriage of the plaintiff to Benjamin Townsend in 1839, his death in August, 1848, and that during her coverture he was seized of various lands in the city of New York, particularly described. That her husband devised the lands to the defendant, some for life and some in fee, who is in possession of the lands described, either personally or by his tenants, and in the receipt of the rents and profits; and that the plaintiff is entitled to dower therein. The complaint prayed judgment for one equal undivided third of the premises as and for her…
1Opinion of the CourtPaine, J.
The only question upon the merits of this case is, whether a contract entered into between husband and wife during coverture, by which it was agreed that in consideration of being permitted to control and enjoy the property which she had at the marriage, she should relinquish her claim to dower, can be enforced against her by depriving her of dower.
I know of no such doctrine, nor any case in support of it. Contracts made by the wife with her husband, may, under some ■circumstances, by compelling an election, be incidentally enforced against her. It was, upon this ground, very evidently, that…
2Cases cited1 opinion
- Badgley v. Bruce & HalseyNew York Court of Chancery · 1833
3Cited by6 opinions
- Huston v. SeeleySupreme Court of Iowa · 1869
- Jones v. JonesWisconsin Supreme Court · 1888
- In re the Estate of ShulenburgNew York Surrogate's Court · 1921
- Brown v. BrownThe Superior Court of New York City · 1866
- Guidet v. BrownNew York Supreme Court · 1877
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