McLaughlin v. McLaughlin

In McLaughlin v. McLaughlin, 22 N.J. Eq. 505, 512 (E. & A.1871) Mr. McLaughlin died in May 1861, and his widow was appointed administrator of his estate. Id. at 191. Mr. McLaughlin was survived by six children, two of whom were from a prior marriage, and had owned various plots of land in Jersey City. Ibid. By the consent of all the adult children, the widow remained in the marital home, and undertook the business of managing her husband's other lands, such as collecting rent, paying taxes and making repairs. Id. at 191-92. She accounted to the children for their two-thirds, and kept the remaining third for herself, id. at 192, even though dower was never formally assigned to her. Id. at 191. Sometime during the widow's lifetime, the children filed a bill for partition, and the appointed master ordered the lands, along with the widow's dower, sold. Id. at 192. The lands were all conveyed during the widow's lifetime, except one plot on Green Street because the purchaser refused to close title, breaching the contract for sale. Ibid. Thus, with only the Green Street lot's conveyance outstanding, on June 28, 1868, the widow filed a request for a gross sum in lieu of her dower, and on July 7, 1868, a master was appointed to determine the value of her dower. Ibid. The widow died on August 20, 1868, id. at 191, and the Green Street lot was not conveyed until after her death. Id. at 192. The master's report found the widow's estate was "not entitled to have a gross sum in lieu of her dower in the Green Street lot" because she died prior to the sale. Id. at 195. Relying on Mulford v. Hiers, the Chancery court agreed completely with the Master. Ibid. Thus, the Chancery court restricted any proceeds from the Green Street lot from being included in the gross sum, which would be awarded the widow's estate. On appeal, the Court of Errors and Appeals expressly approved the Chancellor's conclusion that the widow's estate would receive a gross sum in lieu of dower. 22 N.J. Eq. 505, 512 (E. & A.1871).