Greathead
Supreme Court of Connecticut
Appeal from a decree of a court of probate dismissing an application of the appellant for an order setting out dower; brought to the Superior Court in Litchfield County.
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Appeal from a decree of a court of probate dismissing an application of the appellant for an order setting out dower; brought to the Superior Court in Litchfield County. The appellant had obtained a judgment against Caroline T. Walton, widow of Frederick A. Walton, late of Salisbury, in Litchfield County, for a debt which accrued after the death of the said Frederick, and had -levied an execution, issued upon the judgment, upon the dower interest of the said Caroline'in the real estate left by the said Frederick. The dower of the said Caroline had not been assigned to her at the time of the…
1Opinion of the CourtLoomis, J.
The record in this case presents two questions for the consideration oí this court:
First. Can the dower interest of a widow in her deceased husband’s lands, be taken on execution for her debts, before her dower has been assigned-?
No good reason can be suggested why it may not be done. There is no statutory exemption, and none is required by the policy of our law. On the other hand, the nature of the dower right renders it clearly liable to be taken on execution. It is not a mere chose in action, but a freehold estate, which, by our law, vests in the widow- in common with the heirs,…
2Cases cited4 opinions
- Wooster v. Hunts Lyman Iron Co.Supreme Court of Connecticut · 1871
- Holcomb v. SherwoodSupreme Court of Connecticut · 1861
- Stedman v. FortuneSupreme Court of Connecticut · 1825
- Crocker v. FoxSupreme Court of Connecticut · 1790
3Cited by3 opinions
- Hall v. PiersonSupreme Court of Connecticut · 1893
- Standard Co. v. YoungSupreme Court of Connecticut · 1916
- Humphrey v. GerardSupreme Court of Connecticut · 1912