1 Edw. Ch. 349
Decided May 1, 1832
New York Court of Chancery · decided 1832-05-01
Under this petition, the real estate of an infant was directed to be sold. The amount of the widow’s right of dower had been calculated by the master. She had married again, but lived separate from her then husband, one James Caherty.
Decided 1832-05-01
¶1I cannot interfere. The statute never contemplated a compulsive release of dower. It can only be released by consent. If the widow had refused, the court could not have compelled her; and, therefore, cannot compel her present husband to join with her in such a release.
¶2Application denied.