Portnow v. Portnow
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Foster, dismissing the bill of complaint. The bill averred, that Mollie Kobrin, wife of Charles Kobrin and sister of complainant,. died intestate and without issue in October, 1917, seized in fee of a described tract of land in Essex county, leaving as heirs-at-law five brothers and sisters, of whom complainant is one, who hold the lands as tenants in common in fee, subject to- the fight of curtesy of her husband, Solomon…
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On appeal from a decree advised by Vice-Chancellor Foster, dismissing the bill of complaint. The bill averred, that Mollie Kobrin, wife of Charles Kobrin and sister of complainant,. died intestate and without issue in October, 1917, seized in fee of a described tract of land in Essex county, leaving as heirs-at-law five brothers and sisters, of whom complainant is one, who hold the lands as tenants in common in fee, subject to- the fight of curtesy of her husband, Solomon Kobrin, and that he is in possession of said lands and receives the rents thereof. The bill prays a partition, or sale if…
1Opinion of the Court
T-hp opinion of the court was delivered by
Parker, J.
The vice-chancellor properly decided that complainant was not entitled to a partition, in the absence of consent by the particular tenant. This point was decided by this court in Smith v. Gaines, supra, cited by the vice-chancellor, in an opinion by the late Justice Dixon, -which contains a full discussion of the statutes and decisions. By the act of 1858, now section 27 of the Revised Partition act of 1898 (Comp. Stat. p. 3906), where there is a particular estate, partition can be had when the particular tenant consents thereto. In this…
2Cases cited1 opinion
- Bennett v. FinneganNew Jersey Court of Chancery · 1906
3Cited by4 opinions
- Walker v. BennettNew Jersey Court of Chancery · 1930
- Buckis v. TownsendNew Jersey Court of Chancery · 1927
- Yuritch v. YuritchNew Jersey Court of Chancery · 1947
- Pellitteri v. MancusoNew Jersey Court of Chancery · 1945