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1 Johns. Cas. 27

Palmer v. Horton

New York Supreme Court

Decided January 15, 1799

New York Supreme Court · decided 1799-01-15

<p>The wife of a person attainted, under the act of the 22d October, 1779, is .entitled to dower out of the estate of her husband, which has become forfeited.-</p> <p>In dower : Palmer, the late husband of the demandant, was attainted, in pursuance of the act of the legislature of this state, entitled, “ an act for the forfeiture and sale of the estates of persons, who have adhered to the enemies of this state,” passed the 22d October, 1779, and tiis estate was there- : by forfeited to the people, of this state. The demandant, in this case, claimed to be endowed of the premises in question, Which are a part of the real estate so forfeited.</p>

Decided 1799-01-15

The Court,

¶1without hearing an argument, gave judgment for the demandant, and said they had frequently de[*28] cided, *in this court that the forfeiture of the estate of the husband, in pursuance of the act above mentioned, .did not forfeit the wife’s right of dower.

¶2Judgment for demandant.

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