Fowler v. Griffin
The Superior Court of New York City
This was a case agreed upon by the parties, and submitted to the judgment and decision of the court, under the code of procedure. The facts stated were as follows:—On the fourth day of November, 1806, James Walker, died in the city of New York intestate, seized among other property of the lot now known as number sixty-two Walker street, and leaving him surviving his widow and six children, viz. James M. R., Rachel Ann, Isaac, Washington, Mary, and Jane.
Read the full summary
This was a case agreed upon by the parties, and submitted to the judgment and decision of the court, under the code of procedure. The facts stated were as follows:—On the fourth day of November, 1806, James Walker, died in the city of New York intestate, seized among other property of the lot now known as number sixty-two Walker street, and leaving him surviving his widow and six children, viz. James M. R., Rachel Ann, Isaac, Washington, Mary, and Jane. Ann, (the widow of James Walker,) married Thomas Demarest in 1812. Rachel Ann Walker, the plaintiff, was horn January 2d, 1194, and was…
1Opinion of the CourtBv the OomtT. Sai-tofobd, J.
The plaintiff’s first point is undoubtedly correct, that upon the assignment of dower to the widow of James Walker in the premises in question, the seizin in fact of James M. R. Walker, (or of the heirs of James W., if the partition were to be laid out of view,) was displaced, and the dowress was in, by relation, from the time of the death of her husband. But we think the conclusions which the plaintiff derives from this proposition are entirely erroneous.
1. As to its effect on the partition. The assignment of dower was made by the commissioners in partition, as a part of their supposed duty…
2Cited by2 opinions
- Malicky v. RosenbergNew York Supreme Court · 1934
- Gibbs v. EstyNew York Supreme Court · 1880