Schreiber v. Schreiber

<p>Abstract of the Decision.</p> <p>1. Doweb, § 172* — what evidence sufficient to show demand for assignment of and refusal to make. The testimony of a widow that she demanded of her husband’s son a third of the property of the deceased husband and his reply that she would have to wait, held to be sufficient evidence, although denied by such son, of a demand for an assignment of dower and a refusal of same.</p> <p>2. Dower, § 125* — when demand for assignment of is sufficient. A demand for an assignment of dower made within thirty days after the husband’s death is sufficient and relates back to the time of death.</p> <p>3. Doweb, § 176* — when claim that widow waived any claim for damages for failure to set over dower is unavailable on appeal. .The claim that a widow, by electing to take an annual value in lieu of dower and agreeing with the heirs as to the amount of the yearly value, waived and released any claim for damages for failure to set over dower she may have had, is not maintainable where the appeal is based upon the claim that the chancellor erred in determining that the evidence sufficiently proved a demand which was such that it entitled the widow to damages from the time of the death of her husband.</p>