Lythgoe v. Lythgoe
New York Supreme Court
Appeal from special term, Hew York county. Action by Mark Lythgoe against Charles Lythgoe and others for partition. From an interlocutory judgment in favor of defendants, Maria Linden and the other defendants appeal.
1Opinion of the CourtParker, J.
The judgment appealed from was rendered in a suit brought to partition certain real estate, and it adjudges that the defendant Maria Linden is the widow of the testator, who devised the property to certain of the other parties to the action, and entitled to dower therein. The complaint alleges that she was married to the testator, James Linden, in the year 1842, but that the marriage was void, for the reason that at the time of its solemnization she had a former husband living, named John Craig, and that her marriage with Craig was in full force at the time of her marriage to Linden, and…
2Cases cited2 opinions
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
- Van Alstyne v. . CookNew York Court of Appeals · 1862
3Cited by3 opinions
- Townsend v. Van BuskirkNew York Supreme Court · 1900
- Clement v. MooreAppellate Division of the Supreme Court of the State of New York · 1909
- Edelstein v. OxmanCity of New York Municipal Court · 1939