Schrayer v. McCarthy

I am unable to concur in the foregoing decision of this case. In my opinion, the stipulation between the parties may not be given the effect of a binding agreement, under which the widow was obliged to take, or her husband’s heirs were obliged to- pay to her, a lump sum, as and for her dower. By this stipulation, the parties merely agreed that “if the rate of 4 per cent is deducted,” the widow “is entitled to receive the sum of $59,008,” out of each $100 of the portion of the funds subject to dower; “$65,165, if the rate of interest of 5 per cent is deducted; $69.75, if the rate of 6 per cent…