Jackson ex dem. Loucks v. Churchill
New York Supreme Court
Ejectment for dower, set off to the lessor of the plaintiff by proceedings before the surrogate; tried at the Herkimer circuit, September 13th, 1826, before Williams, C. Judge. The defendant objected, that the lessor of the plaintiff should have demanded her dower of the defendant before suit. The objection was overruled.
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Ejectment for dower, set off to the lessor of the plaintiff by proceedings before the surrogate; tried at the Herkimer circuit, September 13th, 1826, before Williams, C. Judge. The defendant objected, that the lessor of the plaintiff should have demanded her dower of the defendant before suit. The objection was overruled. The defendant then gave in evidence the will of lessor’s husband, in whose right she claimed; whereby *he bequeathed to her his dwelling house and part of his gardens, during her life or widowhood. Also 2 cows, 4 sheep, a negro woman, and his household furniture, lie then…
1Opinion of the Court
Curia, per Savage, Ch. J.
Wo demand of dower was necessary. (6 John. 295, 6.) The location by the admeasurers, is conclusive in this action. (17 John. 126.)
Every married woman has an interest in the lands of her husband. Of this she cannot be divested but by her own act or consent. 'If the husband make a provision for his wife, by will, in lieu of dower, she has her election to take the testamentary provision, or to claim her legal provision. If she accept the provision in the will, she thereby relinquishes her dower. If the provision in the will is not expressed to be in lieu of dower, but is…
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- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Swaine v. PerineNew York Court of Chancery · 1821
- Sanford v. JacksonNew York Court of Chancery · 1843
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