4 Edw. Ch. 668
Decided January 21, 1846
New York Court of Chancery · decided 1846-01-21
Demurrer to a bill for partition, on the ground that the parties filing it had not such an interest in the estate proposed to be partitioned as authorized the bill. This interest was a dower right and also the grant of a tenancy by the curtesy initiate.
Cited by 1 later decisions — most recently May 1889
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1846-01-21
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¶1It is conceded that the complainants, in virtue of the wife’s dower in the lands, cannot, on that ground, file a bill to partition the estate as between her and the heirs. But this bill does not proceed on that footing. It shows that the complainant is grantee of the legal estate of the defendant George Darke, as tenant by the curtesy initiate; and that is an estate or interest in land whereon a bill for partition may be filed.
¶2The demurrer must be overruled, with costs.