Wallace v. Bassett
New York Supreme Court
THIS was an action of ejectment, tried at the Washington circuit in May, 1863. ' The plaintiff claimed a life estate in one-third of the premises under the provisions chapter 90, Sess. Laws of 1860, as the survivor of his wife, Jane Wallace, who died 17th November, 1860, seised of the real estate described in the complaint, in fee, in her own name. The action was tried without a jury. The facts sufficiently appear in the opinion.
1Opinion of the CourtPotter, J.
The plaintiff’s claim to recover in this action
is based on the tenth section of the act of the legislature, chapter 90, passed March 20, 1860, which is in the following words: “§ 10. At the decease of husband or wife, leaving no minor child or children, the survivor shall hold, possess and enjoy a life estate in one-third of all the real estate of which the husband or wife died seised.’’ Technically, the plaintiff has brought himself within the provisions of this section. He survived his wife; she died in November of the year 1860, leaving no minor child or children. She, at the time of her…
2Cases cited3 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Dennison v. ElyNew York Supreme Court · 1847
- Barnes v. MattesonNew York Supreme Court · 1849
3Cited by19 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Winter v. . WinterNew York Court of Appeals · 1908
- Jones v. LamontCalifornia Supreme Court · 1897
- McBreen v. McBreenSupreme Court of Missouri · 1900
- Sifred v. CommonwealthSupreme Court of Pennsylvania · 1883
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