The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-01

milton of manslsughter In The fourth degree. havo
merely to remark gentlemen. that in Of this Inn
portance you should assured that the prsones are
The persons who committed the assault and II you have
reasonable doubt upon that subject, you should givo
The jury then gave vsrdist of Not Gsnty," without
The Court then adjourned until this morning .. Ter,
O'Clock
Supreme C0urt-Special Terra.
Before Hon. Judge Mitchell.
THE RIGHT OF DOVER DECISION.
tn m.rss s cs a una s xS WIG dc .s,.
of the house and lot In question in city Of New York,
In the 1912 having previously made hs WILL where
to his executors In fee In trust to sell and divide tho
proceeds sonal sstst he gave his wie $1,000 In
together family and having adverse inter
esthe acting executor receiving the income AID paying
buried for their common benefit The widow frequently
laid TO the executor that she must get her OF her
proportion Of the rem Meaning BY sh.s s.t
that her dover should be given to her the provision IN
lieu Of III but the 81 90 not paid and abe eoanusd
saying in reply to her. sYou get support; what more
do you want p Neither tho the shildrsu
can DO eopsderea having intended to dispute the
widows claim, she to abandon it; but each to have
intended that she should lose claim but suspend the
enforce OF 1t while tsutd all to live family.
She being thus led to defer the enforcement Of her claim
by the acts Of the cutor who held the legal estate the
cutor and all others claiming under the will would be-
estopped from denying the widows right when she chose
to enforce that claim The questions also ofscused
whether the widow could be affected by the 4th and 18th
sector Of the title of IL Revised Statutes TO dover,
her title to dow, having peril before the Revised
Statutes took effect. Section IA is In substance that
when widow shall be- entitled to dover provision in
lieu of IT, she shall be eemed to have elected to take the
provision uness within year after the death of her
husband she shall the lands uenos pro.
ceednrs for the or MT of DOVER Seq
lion Is H. that wdow shall dem and her dover within
twenty after the death of her husband Both these
provisions there ing statute limiting the
time for widow to claim her dover before the Revised
Statute. 1t admitted that the statute would not APP
had a. h~t
the death of hsr HUSBAND the passing Of the act in
1880 B wend. eel; Sayrs wisner; 18th ed 1877 Ward
Van Syke but 1t conten ed that 1t would apply
when full twenty years have run, since the Revised
Statutes took effect although the husband had died be-
in Waddel Vs. Elment orr, IL Barb Q. R, that laws
not to be held to retrospect to impair rights
previously vested and that the spirit of recent
ton to extend the rule TO statutes OF lmita-
tons and not to apply them to previous existing rights
although it might be constitutional make statute OF
limitations which would require actiont for Ii cir exit ting
rights to be brought within . limited tims thereof
Then the part of the Revised Statutes limiting the tv
dence 10 repe resump pay ment Of judge
ment held not to apply q Judgement obtained be-
fore the Revised Statute 80 tho I'd Revised Statute
of the shall be ned unless the plains
till was seized OF the premises within twenty
years before the commencement OF the action But PIP
200 49, in another article Of the tts Is thai
the provisions of the preceding articles of that title shall
not spply to airy when the rights Of action shall
have accrued the right shall exist before the
time when this chapter eectas law; but the sans
shall remain subject to the laws in force. If this b
/
and 1t is broad enough to have that elect IT $1,000
alone the 46h section would clearly permit that eff OF,
in torce.n The title Of the Revised Statutes above
quoted IS to diver, is the Sd title Of chapter OF
part Of these statues, and section IL OF title or
the same cha Hter in like manner declares that none
| Of the provisions of that chapter except those
converting formal trusts into legal esates shall be
or right The Widow IN this case had vested right to
her dover nth right to bring her &C ion at any time
during her life The object Of this llth section was TO
all mt
term impair must be under TODD in sense which WILL ef
fecuate this he,t and 80 a to conform to the spirit or
the restriction the 'atnks of limitations - con-
tanned in section as above quoted The language used
in the sector Of the title to dover shows that they
cun provision that shall be made for the benefit OF IN
intended wife in lieu Of dover" shA assented to
dover. Section IL IL that il lands shall be given as
sumsd for the on,ure of wife or pscun.ry provision
be AIDE fer her in lieu Of dover she shall make her
Then too by the Of the future enss in un-
equivoca language show that they apply only where the
provision "sha be msde' upou the Revised Statutes
Section 49, when taken in econ with the two pfeced.
ing sec ns is also plainly intended TO be the future, al
though the appropriate words OF this tense are not -
often used in It. II is kat IF lsnds be devised to wo-
mar or pecuniary or other provision be made for her
by will in lien Of her dover she shs make her election
If lands be devised j. an aoorsya.sd 'G %
connection with similar forms or in the future TENSE ana
st when in the l4h section the time Of the
con s be ahin yssr after ,ho death
Of the husband The act meant TO give one year after
the death of the husband and after that event only 70
make the election IL could secure
when the husband should die after the hw took effect
and could not therefore be intended to apply TO cases
wherein year after his death had ELAPSED long oe'os:
it had Intended to apply TO these cases also, It would
have added &ihn year after the passage OF tnil
act" So the 18th section is that widow shall demand
her thin twenty after the esath OF her nus
band 1t should have been 'or within twenty years Ate,
this shall take effect" or in equivalent Language
had been intended to apply TO the existing righu y
adopts period for computation except the death o. tn
husband, and the courts can adopt no mo the!
must do of three things, either male that TN
sole test and exclude all who then had cause OF souon
even the twenty years you'd against them tine ga
ss the passage OF the law hold the statute TO app
only to those rights should atserwards sScrus
without authority supply :. 81, APPLIES 10 the tim
section ~ in its strict la, guak 5nger-uot brin
within which widow shall oemanu q 4 eQ3 limit
her action for IT. then the section Of A.. e ,hoy
ING ume Ioi bringing the acton and the section. nQ
quoted, - before stated. is explicit. that the I'M
bring the action when the right OF action existed before
1850 was left 70 depend the laws then In force only
See also Barb s. r. 3O6 500; Cslsins vs. Calkins q
to bills in equity, and Paiass Oh r. 4lS-7 On al
these grounds the widow is entitled to dover.