Beardslee v. Beardslee
New York Supreme Court
This was an action of ejectment, brought by the plaintiff to recover her dower in certain lands in the county of Herkimer. The cause was tried at the Herkimer circuit in October, 1848, before Justice Gridley, without a jury.
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This was an action of ejectment, brought by the plaintiff to recover her dower in certain lands in the county of Herkimer. The cause was tried at the Herkimer circuit in October, 1848, before Justice Gridley, without a jury. On the trial, the facts in the case were admitted by the respective parties, for the purposes of this suit; and by consent of parties, under the advice of the court, a verdict was taken for the plaintiff that she recover one third part of the lands for which the suit was brought, as her dower in the same, subject to the opinion of this court upon a case containing the…
1Opinion of the Court
By the Court, Gridley, J.
Several questions material to' the decision of this cause, have be'en' discussed by the counsel for the respective parties, which we will prodded to eohside'f in their order.
I. It is claimed by the counsel for the defendant, that the defendant took, under the will of her deceased husband, a life estate, subject to be defeated by her marriage, in the real estate of which he died seised; and that his son, the deceased husband of the plaintiff, took á remainder in fee after the expi*329ration of the particular estate upon which it was limited. On the other hand it is…
2Cases cited3 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Sayles v. SmithNew York Supreme Court · 1834
- Springstein v. SchermerhornNew York Supreme Court · 1815
3Cited by11 opinions
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- Corriell v. HamSupreme Court of Iowa · 1856
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In re the Estate of FeldhusNew York Surrogate's Court · 1937
- House v. . JacksonNew York Court of Appeals · 1872
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