Rice v. Rice — 40 N.Y. St. Rep. 653

Majority

p. 653

Lucy M. Rice, Resp’t, v. John S. Rice, App’lt.

(Supreme Court, General Term, First Department,

Filed October 16, 1891.)

Headnote

Dower—Stay—Partition.

The right of a widow to prosecute an action to enforce her claim for dower should not be stayed by the subsequent commencement of a partition action.

Appeal from order denying application for a stay of proceedings in this action until judgment in an action of partition affecting the same property.

C. J. McBurney, for app’lt; Wm. Man, for resp’t.

There seems to be no reason for disturbing the order made at special term. The right of the widow to prosecute an action to enforce her claim for dower should not be stayed by the subsequent commencement of a partition action, so that the enjoyment of her estate will be postponed until the heirs-at-law can settle their differences.

The order should be affirmed, with costs.

Van Brunt, P. J., Daniels and Ingraham, JJ., concur.