Lewis v. Smith
New York Supreme Court
This was an action of ejectment for dower. The plaintiff was the widow of George Lewis, deceased, and claimed her dower in certain lands of which said Lewis died seised, in the town of Reading, in the county of Stéuben, in the possession of the defendant, claiming to be owner.
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This was an action of ejectment for dower. The plaintiff was the widow of George Lewis, deceased, and claimed her dower in certain lands of which said Lewis died seised, in the town of Reading, in the county of Stéuben, in the possession of the defendant, claiming to be owner. The defendant insisted that the plaintiff was barred of her dower in the premises, first by reason of a testamentary provision in her favor in the will of her husband, in lieu of dower, and second by reason of a decree in chancery against her in a certain suit, in which the plaintiff and defendant were both parties.…
1Opinion of the Court
By the Court,
Taylor, J.
The question whether the provision made by the will of Lewis for the complainant, was in lieu of dower, was disposed of by the judge at the special term, and as no appeal was taken from that part of his decree, it is unnecessary for me to take further notice of it.
The bill filed by Pumpelly and others, for foreclosure, made the complainant a party defendant, and she was stated in that bill to have been the wife of Lewis, the mortgagor. The complainant was made a defendant, as executrix and devisee under the last will and testament of George Lewis, her husband and the…
2Cases cited2 opinions
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Elliott v. PellNew York Court of Chancery · 1828
3Cited by8 opinions
- Short v. NoonerSupreme Court of Kansas · 1876
- Beverly v. WallerCourt of Appeals of Kentucky · 1903
- Scott v. WagnerCourt of Appeals of Kansas · 1895
- Wade v. MillerSupreme Court of New Jersey · 1867
- Adams v. McPartlinNew York Supreme Court · 1882
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