Sayre v. Wisner
New York Supreme Court
This was an action brought to recover dower in certain lands claimed to belong to Elizabeth, the wife of Sayre, as the widow of her late husband, William Wisner, tried at the Orange circuit in 1830, before the Hon. James Emott, then one of the circuit judges.
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This was an action brought to recover dower in certain lands claimed to belong to Elizabeth, the wife of Sayre, as the widow of her late husband, William Wisner, tried at the Orange circuit in 1830, before the Hon. James Emott, then one of the circuit judges. On the trial of the cause, the following facts appeared: William Wisner, the late husband of Elizabeth, now the wife of J. Sayre, died about 25 years before the trial, seised of certain real estate, leaving his wife and two sons, viz. W. R. Wisner and J. Wisner, him surviving.' Upwards of 20 years before the trial, the plaintiffs…
1Opinion of the Court
By the Court, Savage, Ch. J.
The nonsuit was directed in this case under the impression that the plaintiffs had lost their right by lapse of time. It is enacted by the revised statutes, 1 R. S. 742, § 18, as follows: “ A widow shall demand her dower within twenty years after the death of her husband; but if at the time of such death she be under the age of twenty-one years, or insane, or imprisoned on a criminal charge or *663conviction, the time during which such disability continues. shall not form any part of the said term of twenty years.” This is a statute of limitations. Whether the former…
2Cited by42 opinions
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- Trapnall v. BurtonSupreme Court of Arkansas · 1866
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