Bush v. Bush

This is an action for partition. The plaintiff was married prior to September 1, 1930. Her husband became seized of the property sought to be partitioned before that date. He died intestate subsequent thereto, and the plaintiff, his widow, claims to own his real property as a tenant in common with the defendants. The defendants seek to have the complaint dismissed upon the ground that the plaintiff has no interest in that property other than her right of dower.

Section 190 of the Real Property Law provides that “ When the parties intermarried prior to the first day of September, nineteen…