A Treatise of the Rights, Duties and Liabilities of Husband and Wife, at Law and in Equity

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Treadway & Bogert, 1828 - Husband and wife - 684 pages

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Page 99 - And in case there be no children nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate, who are in equal degree and those who legally represent them. VII. Provided, that there be no representations admitted among collaterals after brothers
Page 195 - Tenant in dower is. where a man is seised of certain lands or tenements in fee simple, fee tail general, or as heir in special tail, and taketh a wife, and dieth, the wife after the decease of her husband shall be endowed of the third part of such lands and tenements as were her husband's at any time during the coverture, to have and to hold to the same wife in severally by metes and bounds for term of her life...
Page 100 - London is called the widow's chamber) is divided into three parts; one of which belongs to the widow, another to the children, and the third to the administrator : if only a widow, or only children, they shall respectively, in either case, take one moiety, and the administrator the other (A); if neither widow nor child, the administrator shall have the whole...
Page 632 - America to them in hand paid by the party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
Page 218 - That if any such Woman be lawfully expulsed or evicted from her said Jointer, or from any part thereof, without any Fraud or Covin, by lawful Entry, Action, or by Discontinuance of her Husband, then every such Woman shall be endowed of as much of the Residue of her Husband's Tenements or Hereditaments, whereof she was before dowable, as the same Lands and Tenements so evicted and expulsed shall amount or extend unto.
Page 565 - Master's office, it was ordered, that it should be referred to the Master to take an account of the personal estate of the testator...
Page 302 - Platt, as well when covert or sole, and notwithstanding her coverture, by her last will and testament in writing, or any writing purporting...
Page 632 - ... hereinafter expressed and declared of and concerning the same (that is to say...
Page 371 - If this were res integra untouched by dictum or decision, I would not have permitted such a covenant to be the foundation of an action or a suit in this court. But if dicta have followed dicta, or decision has followed decision, to the extent of settling the law, I cannot, upon any doubt of mine, as to what ought originally to have been the decision, shake what is the settled law upon the subject.
Page 430 - Thus, in an early case a deed made between husband and wife and a third person as trustee, with a covenant by the husband to pay such third person an annuity in case the wife should live separate and apart from her husband and should take one of her children to reside with her...

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