In re Winne
New York Supreme Court
Appeal from the ¡Niagara Special Term. The land in question descended to the petitioner from her mother, and the application was for a sale. The petitioner’s father was still living. All the facts requisite, by the common law, to create an estate by the curtesy in the father existed in the case; and he claimed such estate. He was willing to unite in the sale, and take a portion of its proceeds in payment for his interest.
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Appeal from the ¡Niagara Special Term. The land in question descended to the petitioner from her mother, and the application was for a sale. The petitioner’s father was still living. All the facts requisite, by the common law, to create an estate by the curtesy in the father existed in the case; and he claimed such estate. He was willing to unite in the sale, and take a portion of its proceeds in payment for his interest. B. Parsons read the report of the referee as to the facts, and the decision of the Special Term, and submitted the question of title to this court.
1Opinion of the Court
By the Court
— Marvin, P. J
I have read the opinion of Brother Lamont in this case, and the opinion of Justice Potter, in. Billings v. Baker (28 Barb., 343). These opinions are able and exhaustive; but I am not quite satisfied- by *22them that the wrong conclusion was reached in Clarke v. Clark (24 Barb., 581), in which I followed Hurd v. Cass (9 Barb., 366). We are all agreed that the statutes of 1848-9, for the more effectual protection of married women, effected a great change in the law. How great and extensive is the question.
With a view to a proper understanding of the statutes, and the…
2Cases cited3 opinions
- Billings v. BakerNew York Supreme Court · 1858
- Clark v. ClarkNew York Supreme Court · 1857
- Hurd v. CassNew York Supreme Court · 1850
3Cited by5 opinions
- In re McKennaDistrict Court, W.D. Tennessee · 1881
- Arrowsmith v. ArrowsmithNew York Supreme Court · 1876
- Leach v. LeachNew York Supreme Court · 1880
- Mack v. RochNew York Court of Common Pleas · 1885
- Zimmerman v. SchœnfeldtNew York Supreme Court · 1875