Legal Opinion
In re the Estate of Kelleher
New York Surrogate's Court
Decided February 4, 1929PublishedCited by 1 opinion
1Opinion of the Court
Schulz, S.
This is a proceeding to sell the interest of the decedent in certain real property which he is alleged to have had at the time of his death, by reason of the fact that he was the vendee named in two contracts under which he had agreed to purchase such property. The question involved is whether or not the widow of the decedent is entitled to dower for which she may receive payment out of the proceeds of the sale of such interest.
Dower is favored in the law. (Matter of Barnes, 110 Misc. 569; Konvalinka v. Schlegel, 104 N. Y. 125, 129; Byrnes v. Owen, 243 id. 211.)
While the legal title…
2Cases cited17 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- Williams v. . HaddockNew York Court of Appeals · 1895
- Phelps v. . PhelpsNew York Court of Appeals · 1894
- Melenky v. . MelenNew York Court of Appeals · 1922
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3Cited by1 opinion
- In re the Estate of CahillNew York Surrogate's Court · 1998