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Melenky v. Melen

New York Court of Appeals

134 N.E. 822 (1922)

Relevant factsFree

Reuben Melenky (defendant) deeded property to his son Asher Melen (defendant) under an oral, unwritten promise that Melen would reconvey it on request; Melenky later married the plaintiff, who claimed she married him believing he owned the property Melen was living on. When Melenky asked Melen to reconvey, Melen instead deeded him only a life estate, which Melenky accepted without pursuing his available right to enforce full reconveyance of the fee. The plaintiff sued seeking to enforce an inchoate dower right in the property, the trial court ruled for Melen, and the appellate court reversed.

IssueFree

Whether dower attaches to choses in action.

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