Fuller v. Yates
New York Court of Chancery
The bill in this cause was filed by the acting executors and trustees of J. B. Yates, deceased, to obtain a judicial construction of his will, so far as related to the rights of the defendant, his widow.
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The bill in this cause was filed by the acting executors and trustees of J. B. Yates, deceased, to obtain a judicial construction of his will, so far as related to the rights of the defendant, his widow. The questions presented for the consideration of the court were: 1st. Whether the widow was entitled to dower in the testator’s real estate in addition to the devises and bequests in her favor, or whether she was bound to elect between her dower and the provisions made for her by the will 1 2d. Whether she was entitled to an estate in fee in the Walnut Grove farm, or only to the use of that…
1Opinion of the Court
The Chancellor.
The right of dower being a legal right, the wife cannot be deprived of it by a testamentary *329disposition in her favor, so as to put her to an election, unless the testator has manifested his intention to deprive her of dower, either by express words or necessary implication. It is not pretended in this case that the language of the will in respect to the provisions for the wife are at all inconsistent with her claim to dower in the residue of the testator’s real estate. The cases on the subject of implied manifestation of intention to exclude the right of dower appear to…
2Cited by19 opinions
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- Morrison v. BowmanCalifornia Supreme Court · 1865
- In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
- Weight v. JonesIndiana Supreme Court · 1886
- Leonard v. SteeleNew York Supreme Court · 1848
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