Oakley v. Oakley
New York Supreme Court
Appeal from special term, Kings county. Action by Mary H. Oakley against George W. Oakley and others to set aside a deed made by Whitson Oakley, plaintiff’s deceased husband, to defendants, during his lifetime, and previous to his marriage with plaintiff, on the ground of fraud so far as it barred plaintiff’s dower in the land. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtPratt, J.
There is no foundation for this suit in law or equity. It is plain that if the deceased, Oakley, made a valid conveyance of this property before marriage with the plaintiff, she is not entitled to dower; and equally plain that, if he was seised of the property at the time of his death, she is not entitled to dower, for the reason that she has accepted provisions in his will made in lieu of dower. Perhaps this is all that is necessary to be said, but it may not be amiss to add that it did not appear, and the court has so found, that assuming that Oakley, the deceased, at one time owned the…
2Cited by2 opinions
- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1900
- De Waltoff v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902