House v. . Jackson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon the decision of the court at Special Term, determining the rights of the parties in a particular suit. Partition is sought in this action of four lots of land in the city of Brooklyn.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon the decision of the court at Special Term, determining the rights of the parties in a particular suit. Partition is sought in this action of four lots of land in the city of Brooklyn. One Samuel Jackson, being owner of the “ Hay-scale farm,” of which the lots in question were a part, on the 15th of February, 1832, conveyed that farm to John Jackson, “ for and during his natural life, after his decease to his heirs and assigns forever.” On the 1st of April, 1844,…
1Opinion of the CourtPeckham, J.
The statute declaratory of the common law enacts that a widow shall be endowed of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage. (1 R. S., 740, § 1.)
It is not necessary that the husband should.have been seized of a fee simple absolute, to enable the wife to have dower. If he was seized of an estate in tail male, or of the heirs of his body, she shall have dower. (Lit, § 53, 40, a; Com. Dig., title Dower, A. 6.)
“Thus, generally, in every case where the issue which the husband may have by his wife by possibility may inherit) his wife…
2Cases cited3 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Durando v. . DurandoNew York Court of Appeals · 1861
- Beardslee v. BeardsleeNew York Supreme Court · 1849
3Cited by5 opinions
- Henkel v. AuchstetterSupreme Court of Iowa · 1949
- Minot v. MinotAppellate Division of the Supreme Court of the State of New York · 1897
- Ward v. WardU.S. Circuit Court for the District of Southern New York · 1904
- Lugar v. LugarAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of GrotrianNew York Surrogate's Court · 1901