Wait v. . Wait
New York Court of Appeals
Ejectment for dower, first tried at the Saratoga circuit in [96] November, 1847, before Mr. Justice Paige. The plaintiff, in November, 1825, obtained from the court of chancery a decree of divorce from her husband, Joseph Wait, for the adultery of the latter. The decree declared the marriage contract dissolved and that the parties were each of them “ freed from the obligations thereof.”
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Ejectment for dower, first tried at the Saratoga circuit in [96] November, 1847, before Mr. Justice Paige. The plaintiff, in November, 1825, obtained from the court of chancery a decree of divorce from her husband, Joseph Wait, for the adultery of the latter. The decree declared the marriage contract dissolved and that the parties were each of them “ freed from the obligations thereof.” Joseph Wait, prior to the divorce, and while the plaintiff was his wife, was seised of the premises in question. He died in 1845. The defendant was in possession at the commencement of the suit. On this state…
1Opinion of the CourtHarris, J.
A widow, says our statute, shall be endowed of the third part of all the lands whereof her husband was seised of an estate of inheritance, at any time during the marriage. (1 R. S. 740, § 1.) Three things, marriage, seisin, and the husband’s death, are requisite to consummate this right. The relation of husband and wife must have existed. This relation invests the wife with dowaibh capacity: When this relation has been created there exists a possibility that the wife may be endowed. Then there must be seisin during coverture. This converts the possibility of being endowed into what is called…
2Cited by31 opinions
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Wood v. WoodSupreme Court of Arkansas · 1894
- Barrett v. FailingSupreme Court of the United States · 1884
- Price v. . PriceNew York Court of Appeals · 1891
- Freeman v. BelferSupreme Court of North Carolina · 1917
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