Whiting v. Whiting
Supreme Court of Connecticut
This was an action of ejectment, for seven acres of land in Hartford; tried at Hartford, February term, 1822, before Peters, J. The land in question had been, by the court of probate, set out to the plaintiff, as dower in the estate of Allen Whiting, her late husband; and, it was admitted, that she was entitled to recover, if upon the following facts, she had a right of dower.
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This was an action of ejectment, for seven acres of land in Hartford; tried at Hartford, February term, 1822, before Peters, J. The land in question had been, by the court of probate, set out to the plaintiff, as dower in the estate of Allen Whiting, her late husband; and, it was admitted, that she was entitled to recover, if upon the following facts, she had a right of dower. Allen Whiting was tenant in tail general of the land in question; which, with about 70 acres more, he, on the 1st of March, 1814, for the consideration of 500 dollars expressed in the deed, conveyed in fee to Allen…
1Opinion of the Court
Hosmer, Ch. J.
Allen Whiting, the husband of the plain*181tiff, was tenant in tail general of the land in question; which land he granted to his son Allen Whiting, 2d, in fee simple; and the plaintiff’s right of dower depends on this precise question: Whether the conveyance left remaining in the grantor an estate, whereof he was seised at his death.
The enquiry proposed has been long settled, and the law unquestionably established. The grantee acquired a base fee, determinable on the death of the tenant in tail, by the entry of the issue in tail; but until such determination, the estate had all the…
2Cited by6 opinions
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- St. John v. DannSupreme Court of Connecticut · 1895
- Hall v. PiersonSupreme Court of Connecticut · 1893
- Loomis v. G. F. Heublein & Bro.Supreme Court of Connecticut · 1916
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