Cornog v. Cornog

Citations

• 3 Del. Ch. 407

Syllabus

<p>In Delaware a widow is not dowable out of an equitable estate of her deceased husband. .</p> <p>The equity of redemption in lands mortgaged is, as against all persons except the mortgagee and his assigns, treated as the legal estate, and is subject to all the incidents of the legal estate. Therefore, under a foreclosure and sale of lands mortgaged by her deceased husband, the widow, though a party to the mortgage, is entitled to equitable dower out of the surplus proceeds after satisfying the mortgage.</p> <p>The widow’s equity in such case is to receive interest during her lifetime upon one-third of the surplus only, and not upon one-third of the whole proceeds of sale, even though two-thirds of the proceeds may besufficient to satisfythe mortgage.</p>