IT was necessary, under the statute of 1838, that a petition to the Probate Court for the appointment of commissioners to assign dower, &c., should aver that, previously to its being filed, a demand on the defendant for an assignment of the dower had been made, or show a good reason why such demand had not been made. R. S. 1838, p. 239. — See Dunn v. Loder, 5 Blackf. 446.