Intestate Succession in the State of New York Showing the Rights of the Living
Intestate Succession in the State of New York Showing the Rights of the Living
Daniel S Daniel Smith Remsen
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Kinchliffe r. Shea, 103 N. Y. 153. 5R. P. Law, § 288: Sanford r. Jackson, 10 Paige Ch. 266; Jones i: Fleming, 104 N. Y. 418. An election to accept pro- vision in lieu of dower may be set aside if widow at time of election was ignorant of the extent of her dower right. Hind- ley V. Hindley, 29 Hun, 318. Effort to obtain information should be shown. Akin v. Kellogg, 48 Hun, 459. Such pro- vision must be to take effect in possession or profit on the death of the husband. Crain r. Cavana. 36 Barb. ...410. An agreement in articles of separation will not release dower imless the widow ratifies the agreement after her husband's death. Guidet v. Brown, 3 Abb. N. C. 295. As to effect of marriage settlements on rights of wife, see Pierce v. Pierce, 9 Hun, ,50; aff'd in 71 N. Y. 154; Graham v. Graham, 67 Hun, 329. See as to ante-nuptial contract to take legacy, etc. , Young r. Hicks, 92 N. Y. 235 ; aff'g Matter of Young. 27 Hun, 54. 6 Code Civ. Pro. § 2348. 7 Moore v. Mayor, etc. , of N. Y.. 8 N.
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