Walker v. Griswold

Decided September 10, 1828

Massachusetts Supreme Judicial Court · decided 1828-09-10

Debt upon an administration bond, dated May 10, 1825. The estate of Timothy Griswold, the intestate, was represent ed insolvent, and the administrators, one of whom was his widow, obtained license to sell his real estate for the payment of debts. The replication stated, as a breach of the bond, that the real estate was sold subject to the widow’s right to dower, when in fact she had, in the lifetime of the intestate, released her dower.

Decided 1828-09-10

Per Curiam.

¶1It is clear that after the mortgage to Pyncheon, the intestate was seised as to all persons except the mortgagee ; and it is settled that a widow is dowable of an equity of redemption.1 The first mortgage was discharged, leaving in force the mortgage to S. Griswold, in which the widow had released her dower. This release was co-extensive with the mortgage ; it extended no further ; and consequently the right of dower continued, subject only to that incumbrance.2

¶2Judgment according to verdict.

¶3 See Cass v. Martin, 6 N. Hampsh. R. 25; Gibson v. Crehore, 5 Pick. (2nd ed.) 149, note 1; Southerin v. Mendum, 5 N. Hampsh. R. 431, 432. But see Jackson v. Dewitt, 6 Cowen, 316.

¶4 See Revised Stat. c. 60, $ 2; 4 Kent's Comm. (3d ed.) 44.