Stewart v. Stewart
Supreme Court of Connecticut
This was an appeal from a decree of the court of probate for the district of Middletown, assigning dower to Mary Stewart, widow of James Stewart deceased, in the real estate of her late husband.
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This was an appeal from a decree of the court of probate for the district of Middletown, assigning dower to Mary Stewart, widow of James Stewart deceased, in the real estate of her late husband. The cause was tried at Haddam, August term, 1823, before Chapman, J. On the 2nd of February, 1819, James Stewart, being seised of the lands in question, which were all the real estate, that he then or afterwards owned, executed his quit-claim deed thereof, vouched by two witnesses, and duly acknowledged, to his six children, viz. John, the appellant, Sanford, Charlotte, Eliza, George and James,…
1Opinion of the Court
Hosmer, Ch. J.
By the law of this state, every married woman living with her husband at his death, has right of dower in one third of the real estate, of which her husband died posses *320sed, in his own right. Stat. p. 180, The word possessed, undoubtedly, is here used as synonymous with seised ; and in this light I shall consider it. The general question to be determined, is, whether James Stewart died seised of the estate in which dower is demanded.
A voluntary deed of all his real estate, was given by Stewart, to his children, nearly two years before he died, and put in the possession of a…
2Cases cited2 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Belden v. CarterSupreme Court of Connecticut · 1809
3Cited by29 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Newman v. DoreNew York Court of Appeals · 1937
- Tobey v. TobeySupreme Court of Connecticut · 1974
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Ackers v. First National Bank of TopekaSupreme Court of Kansas · 1963
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