Van Cleaf v. . Burns
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The plaintiff brought this action to recover dower in certain lands situate in the city of Brooklyn, of which one David Van Cleaf, deceased, was seized while he was her husband.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The plaintiff brought this action to recover dower in certain lands situate in the city of Brooklyn, of which one David Van Cleaf, deceased, was seized while he was her husband. The complaint alleged that plaintiff was married to said Van Cleaf on the 6th of July, 1875, and that he died November 12, 1884; that during said period he was seized…
1Opinion of the CourtVann, J.
Our Kevised Statutes provide that “ a widow shall be endowed of the third part of all the lands whereof her husband was seized’ of an estate of inheritance at any time during the marriage,” (1 R. S. 740, § 1), but that “ in case of divorce dissolving the marriage contract for the misconduct of the wife, she shall not be endowed. ” (Id. § 8.) It is further provided by the Code of Civil Procedure, that where final judgment is rendered dissolving the marriage in an action brought by the wife, her inchoate right of dower in any real property of which her husband then was or was theretofore seized…
2Cases cited7 opinions
- Cutler v. . WrightNew York Court of Appeals · 1860
- Matter of Estate of EnsignNew York Court of Appeals · 1886
- Barrett v. FailingSupreme Court of the United States · 1884
- Wait v. . WaitNew York Court of Appeals · 1850
- Suydam v. . BarberNew York Court of Appeals · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re the Estate of GreenNew York Surrogate's Court · 1935
- Price v. . PriceNew York Court of Appeals · 1891
- Bar Ass'n of the City of Boston v. HaleMassachusetts Supreme Judicial Court · 1908
- Van Blaricum v. . LarsonNew York Court of Appeals · 1912
- Bryon v. BryonAppellate Division of the Supreme Court of the State of New York · 1909
8 more not listed; retrieve them via the Exa API.