Davis v. Darrow
New York Supreme Court
This was an action of ejectment for dower, tried at the Her-kimer circuit, in March; 1832, before the Hon. Nathan Williams, then one of the circuit judges. The plaintiff was the widow of William Davis a Welchman who was a soldier in Burgoyne’s army, which was captured in 1777, at Saratoga.
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This was an action of ejectment for dower, tried at the Her-kimer circuit, in March; 1832, before the Hon. Nathan Williams, then one of the circuit judges. The plaintiff was the widow of William Davis a Welchman who was a soldier in Burgoyne’s army, which was captured in 1777, at Saratoga. He remained in this country until his death in 1829, married the plaintiff 40 years before the trial, at Dalton in Massachusetts, and died in the town of Schuyler, in this state ; his wife at the time of his death living with him. In 1826, he became the purchaser of a lot of land in the town of Schuyler,…
1Opinion of the Court
By the Court,
Nelson, J.
At common law the widow of an alien husband could not be endowed. 1 Co. Litt. 572, (31, a 1.) Bacon’s Abr. tit. Alien, 136, n. 4 Kent’s Comm. 37. 1 Cowen, 89. 8 id. 713. By the revised statutes, 1 R. S. 740, § 2, the widow of an alien, who at the time of his death was entitled by law to hold real estate, if she be an inhabitant of this state at that time, shall be endowed of such estate in the same manner as if her husband had been a native citizen. This is a new provision, taken from the law of the case in 1st and 8th Cowen, above referred to. In the case now under…
2Cases cited2 opinions
- Bancroft v. WhiteNew York Supreme Court · 1803
- Mick v. MickNew York Supreme Court · 1833
3Cited by8 opinions
- Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
- Gilliam v. BrownMississippi Supreme Court · 1871
- Averill v. WilsonNew York Supreme Court · 1848
- Chapman v. SchroederSupreme Court of Georgia · 1851
- Currin v. FinnNew York Supreme Court · 1846
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