Akin v. . Kellogg
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the May term, 1888, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at circuit. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the May term, 1888, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at circuit. The nature of the action and the material facts are stated in the opinion. The general rule applicable to cases where a party is compelled to make election, is: If one should make a choice in ignorance of the real state of the funds, or under a misconception of the extent of the claims on the fund elected by him, it will not be conclusive on…
1Opinion of the CourtGray, J.
The complainant is the widow of Benjamin Aiken, deceased, who, in his will, made certain provisions for her out of his estate, which were expressed to be in lieu of her dower rights. They gave to her one-third of the personalty absolutely, and the net income of one-third of the real estate, which was vested in a trustee for that purpose, during her life. She did not commence any proceedings, or take any steps towards a recovery or assignment of her dower in the real estate, within the year succeeding the testator’s death, and this action was commenced by her some three years afterwards.…
2Cases cited2 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Hone v. Van SchaickNew York Court of Chancery · 1838
3Cited by21 opinions
- Oliver v. WellsNew York Court of Appeals · 1930
- Ludington v. PattonWisconsin Supreme Court · 1901
- Hartt v. HarttWyoming Supreme Court · 1956
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- In re the Estate of ShupackNew York Surrogate's Court · 1936
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