Cooper v. Cooper
New Jersey Court of Chancery
Bill for dower. Heard on pleadings and proofs. The complainant, by her bill, asks to be endowed of all the real estate whereof her husband, John Cooper, late of the county of Camden, died seized. He died on the 18th of April, 1894, testate of a will executed on the 25th of October, 1893, with a codicil executed on the 21st of March, 1894. His estate consisted of both real and personal property of the value of nearly $100,000 each.
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Bill for dower. Heard on pleadings and proofs. The complainant, by her bill, asks to be endowed of all the real estate whereof her husband, John Cooper, late of the county of Camden, died seized. He died on the 18th of April, 1894, testate of a will executed on the 25th of October, 1893, with a codicil executed on the 21st of March, 1894. His estate consisted of both real and personal property of the value of nearly $100,000 each. He left three children, two sons and a daughter, by a former marriage, who are the defendants herein. By the first item of his will he made the usual direction for…
1Opinion of the Court
Pitney, V. C.
Three points are made by the defendants in opposition to this bill for dower.
First. That by the third section of the will a devise for life or during widowhood was made to the complainant of the Broadway premises, which bars her dower under the sixteenth section of the Dower act, unless she dissented therefrom within six months after the probate of the will, which she has not done.
Second. That the claim of dower is inconsistent with the terms of the will, and will disturb the disposition thereby made, and hence that the widow is put to her election between benefits under the will…
2Cases cited1 opinion
- Wright v. KeasbeyNew Jersey Court of Chancery · 1917
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