Legal Opinion

Vance v. Vance

Supreme Judicial Court of Maine

Decided May 15, 1842PublishedCited by 4 opinions

The demandant, in her writ, claimed dower in the premises, as the widow of William Vance, deceased. She proved thé marriage, seisin of the husband during the coverture and until his death, and a demand of dower of the defendant, as tenant of th.e freehold. .The tenant then read in evidence an indenture between the demandant and the said William Vance, of which a copy of the material parts follows.

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The demandant, in her writ, claimed dower in the premises, as the widow of William Vance, deceased. She proved thé marriage, seisin of the husband during the coverture and until his death, and a demand of dower of the defendant, as tenant of th.e freehold. .The tenant then read in evidence an indenture between the demandant and the said William Vance, of which a copy of the material parts follows. “ This indenture of two parts, made the fourth day of August, in the year of our Lord one thousand eight hundred and thirty-two, by and between William Vance of Readfield, in the county of Kennebec,…

1Opinion of the Court

The opinion of the majority of , the Court, Tenney J. giving no opinion, was prepared by

SheRley J.

— The statute of 1821, c. 40, 4> 6, provides, that the widow may claim dower in lands, tenements and hereditaments, of which the husband was seised in fee, either in possession, reversion or remainder, at any time during the marriage, except where such widow by her own consent may have been provided for by way of jointure prior to the marriage; or where she may have relinquished her right of dower by deed under her hand and seal. ■ The word jointure must have been used in its well known and…

2Cases cited3 opinions

  1. Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
  2. Hastings v. DickinsonMassachusetts Supreme Judicial Court · 1810
  3. Gibson v. GibsonMassachusetts Supreme Judicial Court · 1818

3Cited by4 opinions

  1. McNutt v. McNuttIndiana Supreme Court · 1888
  2. Hinkle v. HinkleWest Virginia Supreme Court · 1890
  3. Mann v. Mann's EstateSupreme Court of Vermont · 1880
  4. Bryan v. BryanSupreme Court of Arkansas · 1896

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