Legal Opinion

Jaycox v. Collins

New York Supreme Court

Decided December 15, 1863PublishedCited by 2 opinions

This action came on for trial at the Monroe circuit, on. the 17th day of October, 1863, before the Hon. T. A. Johnson, Justice. A jury trial was waived, and the case tried by the court.

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This action came on for trial at the Monroe circuit, on. the 17th day of October, 1863, before the Hon. T. A. Johnson, Justice. A jury trial was waived, and the case tried by the court. The following facts were agreed upon and found by the court: 1st. That the defendant prior to the year 1850, intermarried with Julia B. Collins, and that on the 11th day of January, 1858, said Julia died, leaving her said husband and four minor children, the fruits of said marriage, her surviving. 2d. That on the 25th day of February, 1850, the said Julia became the owner in fee simple absolute, of the lands…

1Opinion of the Court

By the court, James C. Smith, Justice.

I am of the opinion that the estate of a tenant by the curtesy, has survived the acts passed in 1848 and 1849, “ for the more effectual protection of the rights of married women,” and therefore that .the plaintiffs in this case are entitled to recover.

The reasons which lead me to this conclusion, are fully stated in the .opinions delivered in Hurd agt. Cass, (9 Barb. 366,) and Clark agt. Clark, (24 Barb. 581,) each of which cases is an authority in point; and also in Shumway agt. Cooper, (16 Barb. 556) ; Vallance agt. Bausch, (28 Barb. 633), and Ransom…

2Cases cited6 opinions

  1. Ransom v. . NicholsNew York Court of Appeals · 1860
  2. Shumway v. CooperNew York Supreme Court · 1853
  3. Billings v. BakerNew York Supreme Court · 1858
  4. Clark v. ClarkNew York Supreme Court · 1857
  5. Hurd v. CassNew York Supreme Court · 1850

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3Cited by2 opinions

  1. Richtmyer v. RichtmyerNew York Supreme Court · 1867
  2. McIlvaine v. KadelThe Superior Court of New York City · 1865

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