Riker v. Darke

4 Edw. Ch. 668

Opinion

The Vice-Chancellor :

It 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.

The demurrer must be overruled, with costs.