New York Court of Appeals

Lewis Against Smith.

April 5, 18549 N.Y. 502

Summary

The Court affirmed the judgment, holding that the widow's claim of dower is not barred by the husband's foreclosure and that the devise of the whole estate to the widow is not a provision in lieu of dower unless expressly implied; she may take one‑third as dower and the remainder as devisee. The power of sale in the will does not extend to lands already sold by the testator.