Cotheal v. . Cotheal
New York Court of Appeals
Appeal from affirmance by the General Term of the second district (Lott, J., dissenting), of a judgment for the defendants, entered upon the decision of the court without a jury. The action was brought by the executor of the will of Mrs. Catherine E. Cotheal, to determine its validity and legal effect. On the 22d day of October, 1856, the plaintiff intermarried with Catherine E. Eapelje.
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Appeal from affirmance by the General Term of the second district (Lott, J., dissenting), of a judgment for the defendants, entered upon the decision of the court without a jury. The action was brought by the executor of the will of Mrs. Catherine E. Cotheal, to determine its validity and legal effect. On the 22d day of October, 1856, the plaintiff intermarried with Catherine E. Eapelje. On the 16th day of June, thereafter, she made and executed the will in question, in due form. By the will she devised and bequeathed to the plaintiff all her estate, real and personal. Afterwards, three…
1Opinion of the CourtWoodeuef, J.
Prior to the year 1849 no married woman was authorized to devise or bequeath her real or personal estate.
By the statute enacted in that year, it is provided that “Any married femaleanay * * * devise real and personal property and any estate, or interest therein, and the rents, issues and profits thereof in the same manner and with like effect as if she were unmarried.”
The plaintiff brings into" court a will duly executed since this act was passed, made hy a married female, and inquires, what is its legal effect ?
■ The answer would, on first impression, seem to he obvious, to wit: It has the…
2Cited by7 opinions
- In Re the Probate of the Last Will & Testament of McLarneyNew York Court of Appeals · 1897
- Obecny v. GoetzAppellate Division of the Supreme Court of the State of New York · 1907
- Durfee v. RischMichigan Supreme Court · 1905
- Walker v. HylandSupreme Court of New Jersey · 1903
- McWhorter v. OnealSupreme Court of Georgia · 1904
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