Dodin v. Dodin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alexander J. Dodin, from .so much of an interlocutory judgment of the Supreme Court in favor of the defendant Josephine Dodin, entered in the office of the clerk of the county of Rew York on the 28th day of September, 1896, upon the decision of the court rendered after a trial at the Rew York Special Term,.as adjudges and declares that the defendants Alexander J. Dodin and Josephine Dodin are the only heirs at law of Mansury P. Dodin, deceased, and,…
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Appeal by the defendant, Alexander J. Dodin, from .so much of an interlocutory judgment of the Supreme Court in favor of the defendant Josephine Dodin, entered in the office of the clerk of the county of Rew York on the 28th day of September, 1896, upon the decision of the court rendered after a trial at the Rew York Special Term,.as adjudges and declares that the defendants Alexander J. Dodin and Josephine Dodin are the only heirs at law of Mansury P. Dodin, deceased, and, as such heirs at law,, are seized in fee in equal shares as tenants in common of .the real property described in the'…
1Opinion of the Court
Bradley, J.:
The plaintiff’s right to dower, for which the action was brought, is not questioned. She is the widow of Mansury P. Dodin, deceased. Alexander J. Dodin, the appellant, was his son by a former wife; the defendant Josephine Dodin was an adopted daughter of the decedent. As the widow’s dower could not be set off in parcel, it became necessary to determine who would be entitled to the proceeds of the sale after deducting her dower, for which she filed her con- .■ sent to accept a sum in gross.
The son contests the right of the adopted daughter to take as heir of the father. She was…
2Cases cited5 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- In Re the Estate of MillerNew York Court of Appeals · 1888
- Wyeth v. StoneMassachusetts Supreme Judicial Court · 1887
- Russell v. RussellSupreme Court of Alabama · 1887
- Reinders v. KoppelmanSupreme Court of Missouri · 1887
3Cited by47 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
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