Aikman v. . Harsell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 25, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Mem. of decision below, 31 Hun, 634.) ^ This was an action for the admeasurement of dower.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 25, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Mem. of decision below, 31 Hun, 634.) ^ This was an action for the admeasurement of dower. William D. Blackwell died intestate in 1848, seized of the premises described in the complaint, leaving a widow and two children; Joseph, the first husband of the plaintiff, and Letitia A., the wife of Peter Poillon, Jr. Joseph died in 1859, intestate…
1Opinion of the CourtMiller, J.
The extent of the right of the plaintiff to dower in the real estate owned by her husband at the time of his decease depends upon the fact whether dower had been set apart and admeasured to Letitía A. Blackwell as the widow of William Drayton Blackwell, deceased, the father of Joseph Blackwell, plaintiff’s husband.
Hpon the death of William Drayton Blackwell, Joseph and his sister, Mrs. Poillon, became entitled to an undivided one-half each of his estate, subject to the right of dower of their mother. At the death of Joseph, in 1859, his mother, if dower had not been assigned to and accepted…
2Cases cited2 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1849
- Ellicott v. . MosierNew York Court of Appeals · 1852
3Cited by21 opinions
- Witthaus v. . SchackNew York Court of Appeals · 1887
- In re the Appraisal under the Transfer Tax Law of the Estate of HaedrichNew York Surrogate's Court · 1929
- North v. PuckettTennessee Supreme Court · 1932
- McLear v. BalmatAppellate Division of the Supreme Court of the State of New York · 1921
- Kerslake v. CummingsMassachusetts Supreme Judicial Court · 1901
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