McMahon v. Gray
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, on September 7, 1888, alleging that on March 16, 1888, the defendant and her husband, John F. Gray, made a promissory note payable five months after date to the order of the plaintiffs; that the defendant still owed to the plaintiffs the amount of this note, with the interest thereon; that the defendant before her marriage to Gray was the widow of one Leahy, who died intestate and seised of certain described real estate situated…
Read the full summary
Bill in equity, filed in the Superior Court, on September 7, 1888, alleging that on March 16, 1888, the defendant and her husband, John F. Gray, made a promissory note payable five months after date to the order of the plaintiffs; that the defendant still owed to the plaintiffs the amount of this note, with the interest thereon; that the defendant before her marriage to Gray was the widow of one Leahy, who died intestate and seised of certain described real estate situated in the city of Worcester; that she was entitled to dower in such real estate, and had a right to have the same assigned…
1Opinion of the CourtField, J.
We think it clear that the right of the defendant to have dower assigned to her out of the lands of her deceased husband cannot be attached or taken on execution in an action at law. The statutes relating to dower have not made a dowress a tenant in common with others in the lands of her deceased husband. The statutes which in some cases give- to a widow, in lieu of dower, an estate for her life in one half of the lands of which her husband died seised in fee, or which give to her an estate in fee in such lands to an amount not exceeding five thousand dollars, have been held to be…
2Cases cited11 opinions
- Lavery v. EganMassachusetts Supreme Judicial Court · 1887
- Inhabitants of Windham v. Inhabitants of PortlandMassachusetts Supreme Judicial Court · 1808
- Strong v. ClemIndiana Supreme Court · 1859
- Payne v. . BeckerNew York Court of Appeals · 1881
- Tompkins v. FondaNew York Court of Chancery · 1834
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
- Neal v. DavisOregon Supreme Court · 1909
- Martel v. BearceSupreme Judicial Court of Maine · 1973
- North v. PuckettTennessee Supreme Court · 1932
11 more not listed; retrieve them via the Exa API.