Williams v. Terry.

The court was occupied a considerable time in hearing arguments of counsel on an objection taken in this case, which was a case of dower.  The facts were simply as follows.

Defendant was sometime ago about to purchase an estate from the husband of plaintiff, but in order (as a matter of precaution) that there might be no after question raised respecting dower, defendant requested that plaintiff should join her husband in a deed to bar herself from all right and title to dower.  Plaintiff refused to sign such a deed, yet notwithstanding, defendant purchased the estate.  Upon the decease of plaintiff's husband she filed a bill to recover her dower: defendant in answer admitted that plaintiff had lived 30 years with her reputed husband, George Williams, but required proof of the marriage.

Mr. Attorney General with Mr. Foster were heard in favor of plaintiff, who contended that defendant having required her to sign a deed to abandon her right to dower, was tantamount to an admission of her marriage, independent of her being the reputed wife of Williams during the period of 30 years.

Messrs. Carter and Windeyer junr., per contra contended that before plaintiff could call upon the court for relief in Equity, she must prove, that she had been legally married, which must be done by producing the certificate of the bishop of the diocese wherein the marriage had been solemnised.

The Court in giving judgment said that defendant did not state in his answer that he had any doubts of the marriage, but merely that he did not know if they really were married - some facts ought to have been stated by defendant ere the validity of the marriage could be questioned, they therefore did not think it necessary to call upon the plaintiff to prove it, and consequently overruled the objection and expressed their being prepared to go on with the equity of the case.

The Court then decreed, that plaintiff was entitled to dower.