Smith v. Smith

Decided June 15, 1816

Massachusetts Supreme Judicial Court · decided 1816-06-15

This was a libel for a divorce a vinculo, and contained a prayer that dower might be assigned to the libellant of the estate of the respondent, if the divorce should be had. A divorce being decreed, Bond, for the libellant, inquired whether the Court would now appoint commissioners to set off the dower.

Cited by 1 later decisions — most recently October 1886

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1816-06-15

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¶1The Court said, this had not been their practice; and, upon looking into the statute, (1) they were satisfied they had no such authority under this * process. The libellant has the same rights as if her husband were naturally dead ; and she must pursue her remedy in the same manner.

¶2Stat. 1785, c. 69, § 5