Beekman v. Hudson
New York Supreme Court
This was an action of ejectment for dower, tried at the Rensselaer circuit in September, 1836, before the Hon. James Vanderpoel, then one of the circuit judges.
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This was an action of ejectment for dower, tried at the Rensselaer circuit in September, 1836, before the Hon. James Vanderpoel, then one of the circuit judges. The dower was claimed in right of the wife, one of the plaintiff’s, as the former widow of Moses Van Burén, in certain premises devised to him in and by the last will and testament of his father, John M. Van Burén, bearing date 18th September, 1799, The will contained the following provisions : “ First, I ordain and direct that all my just debts and funeral charges be paid by my executors hereinafter named; secondly, I ordain that my…
1Opinion of the Court
By the Court, Nelson, Ch. J.
If the widow of the testator took an interest in the farm during her widowhood, 'the plaintiff cannot recover, as her former husband was in such case not seised of an estate of inheritance, conferring the right to the immediate freehold. Perkins, § 340. Park on Dow. ch. 4, p. 47.
It is quite clear upon the words of the will above referred to, that the testator intended to give to the widow the exclusive possession and control of the farm, to enable her to receive the rents and profits of the same for a specified purpose, namely, the maintenance of herself and…
2Cited by8 opinions
- Durando v. . DurandoNew York Court of Appeals · 1861
- Perry v. HackneySupreme Court of North Carolina · 1906
- Hibbits v. JackIndiana Supreme Court · 1884
- Perry v. . HackneySupreme Court of North Carolina · 1906
- Kearney v. KearneyNew Jersey Court of Chancery · 1864
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