New York State Supreme Court of Judicature (Utica) Writs of Dower

Writs of dower issued under seal of the Supreme Court ordered a sheriff to command the tenant of real estate to render unto the widow of its previous owner the one third dower right due to her, and to summon him to appear before the court if he refused to do so.

On the dorso of the writ is the sheriff's certificate of service upon the tenant and of proclamation of the summons at the door of the church nearest the property in dispute. The names of the two summoners are stated. The writ is usually a writ of dower "unde nil habet", "from which she has nothing," i.e., no part of her dower was delivered to her within the forty-day limit specified by law. The seldom-used writ of right of dower commanded a tenant to deliver the dower, part having been delivered. Besides these writs, this series includes one example each of a writ of a grand cape, ordering a sheriff to seize the dower share which the tenant has refused to yield up; and a report of commissioners in admeasurement of dower, which describes the premises to be delivered to the widow.

The Court of Appeals placed these records on deposit at the Historic Documents Collection, Queens College, from 1973-1982.

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