Warner v. Warner
New York City Court
Appeal by the plaintiff from a judgment for the defendants entered after a trial before the court without a jury. Mary Warner brought this action against Bobert M. Warner, and another, individually and as executors of the last will and testament of Thomas Warner, deceased, and Others, the heirs and legatees of the deceased, to recover her dower in certain real estate, and damages for withholding the same. The material facts appear in the opinion.
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Appeal by the plaintiff from a judgment for the defendants entered after a trial before the court without a jury. Mary Warner brought this action against Bobert M. Warner, and another, individually and as executors of the last will and testament of Thomas Warner, deceased, and Others, the heirs and legatees of the deceased, to recover her dower in certain real estate, and damages for withholding the same. The material facts appear in the opinion. I. The ante:nuptial contract cannot be interposed or pléaded as a bar to plaintiff’s claim of dower in her husband’s real estate. Hastings v.…
1Opinion of the CourtReynolds, J.
Plaintiff and Thomas Warner, deceased, in April, 1872, entered into an ante-nuptial contract, by which it was agreed that in case their contemplated marriage should be consummated and she should survive him, she should receive in lieu of dower and all claims to his real and personal estate the sum of one thousand dollars, with interest from the time of his death to the time of such payment.
The parties intermarried shortly after such contract was executed, and Thomas Warner died in May, 1884, leaving a will by which he disposed of his whole real and personal estate, after the payment of debts,…
2Cases cited4 opinions
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Pierce v. . PierceNew York Court of Appeals · 1877
- Peck v. . VandemarkNew York Court of Appeals · 1885
- Magauran v. TiffanyNew York Supreme Court · 1881
3Cited by7 opinions
- In re the Appraisal of the Property of BakerAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Tranfer Tax upon the Estate of VanderbiltAppellate Division of the Supreme Court of the State of New York · 1918
- Deller v. DellerWisconsin Supreme Court · 1910
- In re the Tax Appraisal Upon the Estate of BakerNew York Surrogate's Court · 1902
- Jacobs v. CommissionerUnited States Board of Tax Appeals · 1927
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