Citation Numbers: 1 Thomp. & Cook 58
Judges: Mullin
Filed Date: 6/15/1873
Status: Precedential
Modified Date: 1/13/2023
It seems to have been held from the earliest times} at the common law, that the widow was entitled to crops growing on the land assigned to her for dower. 2 Coke’s Inst. 80; 1 Greenl. Cruise, 194, § 29.
In 4 Kent’s Com. 66, it is said as the title to dower is communicated by the husband’s death, she is in from the husband’s death, and like any other tenant of the freehold, she takes upon a recovery whatever is there annexed to the freehold, whether it be so by folly, mistake, or otherwise.
The supreme court of Massachusetts, in Parker v. Parker, 17 Pick. 236, held the widow entitled to improvements made by the heir on the land assigned to her for her dower, after the death of her husband. Kain v. Fisher, 6 N. Y. 597; 1 Will, on Ex. 633-635. Including the growing crop as part of the assets of the estate of the intestate does not make them such as against the widow who, in law, was entitled to them. Growing crops are declared assets by the
So ordered.