Wood v. . Seely
New York Court of Appeals
James Spickerman, the former hush and of the defendant, Catherine Seely, died seized of certain lands in the county of Kensselaer, described in the complaint, on or about the 7th December, 1839. He left a will executed in form to pass real estate, and thereby authorized his executors, Philip Harder and Philip T. Harder, to sell his real estate whenever they thought proper, and therein also gave to his wife, Catherine, one-third of his real estate, during life, and also the…
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James Spickerman, the former hush and of the defendant, Catherine Seely, died seized of certain lands in the county of Kensselaer, described in the complaint, on or about the 7th December, 1839. He left a will executed in form to pass real estate, and thereby authorized his executors, Philip Harder and Philip T. Harder, to sell his real estate whenever they thought proper, and therein also gave to his wife, Catherine, one-third of his real estate, during life, and also the use of all his real estate, in case his executors should not sell the same. And, in case it should be sold, then he gave…
1Concurrence
It is conceded that the provision contained in the will of James Spickerman, in favor of his widow, cannot be considered as made in lieu of dower, so as to put her to her election. She asserted that position in her proceeding for admeasurement, and the plaintiff conceded it by bringing this action. Moreover the course of adjudication favors the view thus taken by the parties. (Lewis v. Smith, 5 Seld., 502, and cases referred to in the opinions.) It is material, however, to observe that at the time of the sale of the premises, out of which dower is sought, the defendant, the widow of…
2Cases cited3 opinions
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Town v. NeedhamNew York Court of Chancery · 1831
- Hyde v. HydeNew York Supreme Court · 1830