Hughes v. Hughes
New York Supreme Court
Action for partition of premises in the city of Hew York. The facts briefly are, that in 1881, Ellen Hughes died intestate, seized of the premises in question, which were the only-real property she then had, leaving her surviving her husband, James Hughes, defendant, and her four children, three of whom are plaintiffs herein, and one an infant of the age of over fourteen years, defendant.
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Action for partition of premises in the city of Hew York. The facts briefly are, that in 1881, Ellen Hughes died intestate, seized of the premises in question, which were the only-real property she then had, leaving her surviving her husband, James Hughes, defendant, and her four children, three of whom are plaintiffs herein, and one an infant of the age of over fourteen years, defendant. The complaint contained all the usual allegations and in addition, a recital that the plaintiffs required the use of the proceeds of the property as a means of support. The defendant James Hughes pleaded his…
1Opinion of the CourtDonohue, J.
In this case the question is fairly presented, whether a remainderman can compel present partition and. sale *409of real estate while the life tenant is still living, without his assent. On principle it would seem clear that the tenant for life of the whole could not be deprived of his positive rights and another status, that is, a gross sum, substituted without his assent. But without considering the question on principle, it seems to me the question has been fully disposed of by the court of last resort. Blakely agt. Calden (15 N. Y., 617) has been cited and relied on by the plaintiff. In that…
2Cases cited2 opinions
- Sullivan v. . SullivanNew York Court of Appeals · 1876
- Blakeley v. . CalderNew York Court of Appeals · 1857
3Cited by5 opinions
- Merritt v. HughesWest Virginia Supreme Court · 1892
- Hemmje v. MeinenThe Superior Court of the City of New York and Buffalo · 1892
- Soper v. SoperAppellate Division of the Supreme Court of the State of New York · 1927
- Feiner v. WolgemuthAppellate Division of the Supreme Court of the State of New York · 1960
- Salls v. SallsNew York Supreme Court · 1891