Safford v. Safford
New York Court of Chancery
Tras was a bill for partition of a farm which formerly belonged to Levi Safford, the father of the complainant and the grandfather of the five infant defendants. The widow of L. Safford, the grandmother of the infants, was still living and entitled to dower in the premises.
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Tras was a bill for partition of a farm which formerly belonged to Levi Safford, the father of the complainant and the grandfather of the five infant defendants. The widow of L. Safford, the grandmother of the infants, was still living and entitled to dower in the premises. And it appeared from the master’s report that the father of the infants died shortly after the death of their grandfather, leaving also a widow ; who, according to the master’s report, was also entitled to dower in the whole of the infants’ interests in the premises.
1Opinion of the Court
The Chancellor.
The master’s report as to the interest of the several parties in the premises is correct, except as to the supposed right of dower of the widow of John Safford in the interests of her infant children. To entitle the widow to dower, the husband must in his lifetime have been seized of a present estate or interest in possession in the oremises. And his widow’s right of dower cannot extend *260to any part of the premises as to which such present estate, or interest, did not vest in possession during the coverture. And where the decedent takes his estate by descent from an ancestor…
2Cited by5 opinions
- Field v. GibsonNew York Supreme Court · 1878
- McLeery v. McLeerySupreme Judicial Court of Maine · 1876
- Jourdan v. HaranThe Superior Court of New York City · 1888
- Leach v. LeachNew York Supreme Court · 1880
- Oliver v. Jones, Court of Common Pleas of Ohio, Hamilton County1895