Legal Opinion

Cook v. First National Bank

Supreme Court of Georgia

Decided April 22, 1924No. 4074PublishedCited by 2 opinions

Application for dower. Before Judge Yeomans. Miller superior court. October 30, 1923.

1Opinion of the CourtHines, J.

Dower is the right of a wife to an estate for life in one third of the lands, according to valuation, of which the husband was seized and possessed at the time of his death. Civil Code (1910), § 5247. Seizin of the husband is essential to entitle the wife to dower. A widow is not dowable of lands which her husband had by deed conveyed to another to secure an indebtedness, where the husband died before the debt so secured was paid. McDonald v. McDonald, 120 Ga. 403 (47 S. E. 918); Harris v. Powers, 129 Ga. 74 (58 S. E. 1038, 12 Ann. Cas. 475); McPhaul v. McPhaul, 150 Ga. 486 (104 S. E. 241).…

2Cases cited4 opinions

  1. Harris v. PowersSupreme Court of Georgia · 1907
  2. McDonald v. McDonaldSupreme Court of Georgia · 1904
  3. McPhaul v. McPhaulSupreme Court of Georgia · 1920
  4. Connelly v. SwannSupreme Court of Georgia · 1913

3Cited by2 opinions

  1. Fuller v. FullerSupreme Court of Georgia · 1961
  2. Bird v. John Hancock Mutual Life Insurance Co.Missouri Court of Appeals · 1959

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