Parks v. Hardey

The Surrogate.

The petitioner having applied to this court for an admeasurement of her dower in certain premises situated in this city, of which she claims her husband was seised in fee at the time of his death, the party in possession contests the title of the petitioner’s husband. I think the law is very clear that a plea of this character cannot be entertained by this court. It could not have been the intention of the legislature to allow the title to be litigated in the Surrogate’s Court, and at the same time to provide, as has been done, that the admeasurement when made and confirmed…