Leach v. Leach
New York Supreme Court
Appeal by Sarah A. Leach from an order of the Onondaga Special Term, refusing to award dower, and dismissing proceedings instituted by her for its admeasurement. In 1852 Caroline "W. Leach, the wife of James S. Leach, purchased a house and lot on South Salina street, in the city of Syracuse, and continued to reside therein with her husband, until in 1856, when she died intestate, leaving her husband and three children her surviving.
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Appeal by Sarah A. Leach from an order of the Onondaga Special Term, refusing to award dower, and dismissing proceedings instituted by her for its admeasurement. In 1852 Caroline "W. Leach, the wife of James S. Leach, purchased a house and lot on South Salina street, in the city of Syracuse, and continued to reside therein with her husband, until in 1856, when she died intestate, leaving her husband and three children her surviving. The three children have since died intestate, and without issue. One of the sons, viz., N. K.. Leach, married the petitioner in August, 18Y8, and died in August,…
1Opinion of the Court
IÍARDiN, J.:
I think we ought to hold that James S. Leach, upon the death' of his wife intestate, was entitled to and took an estate in her lands as a tenant by curtesy, and became entitled to enjoy the use of such land during his life free from' any disturbance of his possession by her heirs or the widow of either of them. The right to the tenancy by curtesy was not taken away by the Laws of 1848 and 1849, as to property of married women, or the amendments thereof. There lias been considerable conflict in the decisions upon this question, but we think the weight of authority is now clearly in…
2Cases cited8 opinions
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Durando v. . DurandoNew York Court of Appeals · 1861
- Hatfield v. . SnedenNew York Court of Appeals · 1873
- Green v. PutnamNew York Supreme Court · 1847
- Cashman v. . HenryNew York Court of Appeals · 1878
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