Legal Opinion

Mathews v. Duryee

New York Court of Appeals

Decided December 15, 1868PublishedCited by 2 opinions

Sarah A. Mathews sued Sacket L. Duryee and others, in the supreme court, to recover her dower in surplus money arising on a foreclosure suit. Charles L. Mathews, the plaintiff’s deceased husband, was owner in fee in his lifetime of lands, subject to three mortgages, two of which were executed by both Mr. and Mrs. Mathews, and one of which, being for part of purchase money, was executed by Mr. Mathews alone.

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Sarah A. Mathews sued Sacket L. Duryee and others, in the supreme court, to recover her dower in surplus money arising on a foreclosure suit. Charles L. Mathews, the plaintiff’s deceased husband, was owner in fee in his lifetime of lands, subject to three mortgages, two of which were executed by both Mr. and Mrs. Mathews, and one of which, being for part of purchase money, was executed by Mr. Mathews alone. After the mortgages were made, Mr. Mathews assigned all his property, in trust for benefit of creditors, to the defendant, Duryee; and subsequently the holders of the mortgages foreclosed…

1Opinion of the Court

By the Couet.

Bacoh, J.

That the plaintiff is endow-able of the surplus which remained after the payment of the mortgages which had been foreclosed, is too well settled to be questioned. Hawley v. Bradford, 9 Paige, 200; Vartie v. Underwood, 18 Barb. 561. For will her right be affected, whether the sales upon the foreclosure suits took place before or after the death of her husband, for it has been decided in this court that the inchoate right of dower of the wife is as much entitled to protection as the perfected or vested rights of the widow. Mills v. Van Voorhies, 20 N. Y. 412. Indeed these…

2Cases cited3 opinions

  1. Mills v. . Van VoorhiesNew York Court of Appeals · 1859
  2. Vartie v. UnderwoodNew York Supreme Court · 1854
  3. Hawley v. BradfordNew York Court of Chancery · 1841

3Cited by2 opinions

  1. Klein v. WolfsohnNew York Supreme Court · 1876
  2. N. Y. Life Insurance v. MayerNew York Court of Common Pleas · 1887

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