Kingsley v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bane County. Roxana Smith died intestate on tbe 23d of July, 1859, leaving her husband Abraham Smith (the defendant in this action), and two children of their marriage, surviving her, and also two surviving children of a former marriage with one Simons.
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APPEAL from the Circuit Court for Bane County. Roxana Smith died intestate on tbe 23d of July, 1859, leaving her husband Abraham Smith (the defendant in this action), and two children of their marriage, surviving her, and also two surviving children of a former marriage with one Simons. At the time of her marriage to Abraham Smith (which was in January, 1850), said Roxana owned forty acres of land in Dane county, which were occupied and cultivated or leased to third persons by said Abraham until her death. After her death, the defendant received from his lessee of said land, as rent, one half…
1Opinion of the Court
By the Court,
Cole, J.
At common law four conditions must exist to create the estate of tenant by the curtesy, namely, marriage, actual seisin of the wife, issue born alive, *362and death of tbe wife (4 Kent, 28). It will be seen by the . following provision of our statute, which makes an innovation upon the rule of the common law upon this subject, •that only three conditions are requisite in this state to create the estate of tenant by the curtesy, viz., marriage, actual seisin in right of the wife, and her death. This is the provision : “ When any man and his wife shall be seized in her right of…
2Cases cited1 opinion
- Thurber & Stevenson v. Townsend & WilburNew York Court of Appeals · 1860
3Cited by3 opinions
- Oatman v. GoodrichWisconsin Supreme Court · 1862
- Haight v. HallWisconsin Supreme Court · 1889
- McKesson v. StantonWisconsin Supreme Court · 1880