Wainwright v. . Low
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action of ejectment, brought to recover certain premises situated in the city of Brooklyn.
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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action of ejectment, brought to recover certain premises situated in the city of Brooklyn. The premises were conveyed to Sarah Ann Wood in May, 1846. She was then the widow of one Wood, who died in or about the year 1836. She married George G. Ackley July 8, 1846. And shortly before and in contemplation of such marriage, she entered into an ante-nuptial trust…
1Opinion of the CourtBradley, J.
The plaintiff’s right to recover is dependent upon her having the legal title to the land in question. Prior to her marriage to Wood, Sarah Ann was an alien, but by her marriage to Wood, who was a citizen, she became a naturalized citizen of the United States. (Luhrs v. Eimer, 80 N. Y. 171.)
At the time of her death in 1871, her sister, the plaintiff, her only heir at law, being an alien was incapable of inheriting the land. (L. 1845, ch. 115.) And assuming that Mrs. Ackley in her life-time made no provision for the disposition of the property, it escheated to the state. The plaintiff had no…
2Cases cited2 opinions
- Watkins v. . ReynoldsNew York Court of Appeals · 1890
- Luhrs v. . EimerNew York Court of Appeals · 1880
3Cited by8 opinions
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- In re the Estate of HolzwasserNew York Surrogate's Court · 1941
- Criswell v. NobleNew York Supreme Court · 1908
- United States v. National Gypsum Co.District Court, W.D. New York · 1942
- Kelly v. PrattNew York Supreme Court · 1903
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