Brown v. Dow
New York Supreme Court
Appeal from judgment on report of referee. Action by Burdette B. Brown and Mabel S. Brown, by guardian, against Charles Dow and Frank B. Church, as receiver of Ansen D. Brown, impleaded with Helen M. Brown. There was a judgment in favor of plaintiffs, and defendants appeal.
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Appeal from judgment on report of referee. Action by Burdette B. Brown and Mabel S. Brown, by guardian, against Charles Dow and Frank B. Church, as receiver of Ansen D. Brown, impleaded with Helen M. Brown. There was a judgment in favor of plaintiffs, and defendants appeal. The action was brought to reform a deed made by Jason Hunt and wife to Anson D. Brown and Esther J. Brown, of date April 26, 1870, conveying certain land in Andover, county of Allegany, N. Y. The grantees were then husband and wife. The wife died intestate, in 1881. The plaintiffs are her heirs at law. The defendant Helen…
1Opinion of the CourtBradley, J.
The import of the terms of the deed of conveyance made by Jason Hunt and wife to Anson D. Brown and Esther J. Brown, his wife, was that the grantees took title as tenants by the entirety, and, therefore, that, on the death of the wife, the husband became seised of the entire estate in the premises. Bertles v. Nunan, 92 N. Y. 152. The plaintiffs allege that the relation of the grantees to the title was not correctly represented by the deed, but that by it they intended and sought to take title as tenants in common, and that the words essential to the creation of such tenancy were omitted from…
2Cases cited7 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
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3Cited by3 opinions
- Barataria Canning Co. v. OttMississippi Supreme Court · 1906
- In re the Supplementary Appraisal of the Estate of DurfeeNew York Surrogate's Court · 1913
- Petchanuk v. MohlsickNew York Supreme Court · 1954