Van Tuyl v. Van Tuyl
New York Supreme Court
QTIOH" for a new trial. The action was brought for a partition of the real estate of William Taylor, of Bye, Westchester county, deceased. The plaintiff, Mary Louisa Van Tuyl, and the defendants, Sophia Jane Van Tuyl, Maria E. Taylor and Isaac Y. Taylor, were his children by a former marriage, and claimed to be his sole heirs at law, and sought in this action to exclude the defendant Catharine Taylor and her children from sharing in said estate.
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QTIOH" for a new trial. The action was brought for a partition of the real estate of William Taylor, of Bye, Westchester county, deceased. The plaintiff, Mary Louisa Van Tuyl, and the defendants, Sophia Jane Van Tuyl, Maria E. Taylor and Isaac Y. Taylor, were his children by a former marriage, and claimed to be his sole heirs at law, and sought in this action to exclude the defendant Catharine Taylor and her children from sharing in said estate. The defendant Catharine Taylor claimed to have been the wife, and to be the widow, of Mr. Taylor, and entitled to dower, and that her children, the…
1Opinion of the CourtGilbert, J.
I wish it was in my power to aid the plaintiff’s counsel in their efforts to take away from our law, respecting the marriage contract, the reproach imputed to it. But that task belongs to the legislature, and not to the judiciary. As the law stands, a valid marriage, to all intents and purposes, is established by proof of an actual contract, per verba de prcesenti, between persons of opposite sexes, capable of contracting, to take each' other for husband and wife; especially where the contract is followed by cohabitation. bTo solemnization, or other formality,'apart from the agreement itself,…
2Cases cited4 opinions
- United States v. DicksonSupreme Court of the United States · 1841
- Clayton v. . WardellNew York Court of Appeals · 1850
- In re TaylorNew York Court of Chancery · 1842
- Tummalty v. TummaltyNew York Surrogate's Court · 1855
3Cited by16 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Badger v. . BadgerNew York Court of Appeals · 1882
- In re the Estate of SmithNew York Surrogate's Court · 1930
- Davidson v. ReamNew York Supreme Court · 1916
- McKenna v. McKennaIllinois Supreme Court · 1899
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