William J. Brennan, Jr.

“ This conclusion embodies our judgment that there is nothing in the New York decree itself that can be construed as creating or preserving any interest in the nature of or in lieu of dower in any property of the decedent, wherever located. Petitioner refers us to no New York law that treats such a decree as having that effect, or, for that matter, to any New York law that has such an effect irrespective of the existence of the decree. ”

“ It stands or falls as a result of the decree which denies or grants divorce. It arises upon marriage, as an institution of the law. The inchoate right of dower has some of the incidents of property. It partakes of the nature of a lien or encumbrance. It is not a right which is originated by or is derived from the husband ”

“ We think it clear that the burden of showing this rested upon petitioner. Cf. State Farm Mut. Auto. Ins. Co. v. Duel, 324 U.S. 154, 160, 65 S.Ct. 573, 89 L.Ed. 812; Alaska Packers Assn. v. Industrial Accident Comm'n, 294 U.S. 532, 547 548, 55 S.Ct. 518, 523-524, 79 L.Ed. 1044. It follows that insofar as petitioner's argument rests on rights created by the New York decree or by New York law, the denial of her dower by the Florida courts was not a violation of the Full Faith and Credit Clause. ”