Legal Opinion

Carroll v. Carroll

New York Supreme Court

Decided December 15, 1874Published

Margaret Carroll brought this action in May, 1873, in this court, for admeasurement of dower, claimed by her as the widow of John Carroll. Elizabeth Carroll, a defendant, claimed that she was John Carroll’s wife at the time of his death, and that several infants, also defendants, were their children.

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Margaret Carroll brought this action in May, 1873, in this court, for admeasurement of dower, claimed by her as the widow of John Carroll. Elizabeth Carroll, a defendant, claimed that she was John Carroll’s wife at the time of his death, and that several infants, also defendants, were their children. To the said Elizabeth and her children, John Carroll had devised his real estate, by a will proved before the surrogate of Kings county, February 13th, 1873. Evidence of the probate of this will was the only evidence of John Carroll’s death adduced in this action. Issues of fact were applied for…

1Opinion of the Court

By the Court.*—

Tappew, J.

—The plaintiff brought this action for an admeasurement of ¿lower, which she claimed as widow of John Carroll. The only point discussed on the appeal, is the sufficiency of proof of the death of John Carroll.

On previous proceedings before the surrogate of Kings, the will of John Carroll had been admitted to probate. The plaintiff, at the trial of this action, offered the proof and proceedings in the surrogate’s court, to establish Carroll’s death.

The parties to this action were all before the surrogate in that matter.

W e hold, that the death of Carroll was thereby…

2Cases cited2 opinions

  1. Belden v. . MeekerNew York Court of Appeals · 1872
  2. Belden v. MeekerNew York Supreme Court · 1870

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