McIlvaine v. Kadel
The Superior Court of New York City
Submission, under section 372 of the Code of Procedure, upon the following facts. On the 14th of April, 1861, the plaintiff, then an infant, was married to John I. Me Ilvaine. On the 13th of April, 1863, while still underage, she ,in conjunction with her husband, executed and delivered to Charles Tracy, a deed conveying to said Tracy, upon certain trusts therein named, for the sole benefit of the plaintiff, certain real estate therein described, belonging to the plaintiff.
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Submission, under section 372 of the Code of Procedure, upon the following facts. On the 14th of April, 1861, the plaintiff, then an infant, was married to John I. Me Ilvaine. On the 13th of April, 1863, while still underage, she ,in conjunction with her husband, executed and delivered to Charles Tracy, a deed conveying to said Tracy, upon certain trusts therein named, for the sole benefit of the plaintiff, certain real estate therein described, belonging to the plaintiff. The trustee accepted the trust, and entered upon his duties, and continued to act until the 20th of November, 1863. On…
1Opinion of the Court
By the Court, Monell, J.
The deed of Mrs. Mcllvaine (the plaintiff;) having been executed by her while an infant, is voidable ; not void. Such, I think, is the- clear weight of authority. (Roof v. Stafford, 7 Cowen, 179. Bool v. Mix, 17 Wend. 119. Temple v. Hawley, 1 Sandf. Ch. 153. Wetmore v. Kissam, 3 Bosw. 321.)
The instrument of November 20, 1863, was a sufficient act of avoidance, unless its execution by the plaintiff was restrained during coverture. (Jackson v. Carpenter, 11 John. 539. Jackson v. Burchin, 14 id. 124.)
Independently of the statute, for the more effectual protection of the…
2Cases cited8 opinions
- Bool v. MixNew York Supreme Court · 1837
- Jackson ex dem. Wallace v. CarpenterNew York Supreme Court · 1814
- Ransom v. . NicholsNew York Court of Appeals · 1860
- Blood v. HumphreyNew York Supreme Court · 1854
- Clark v. ClarkNew York Supreme Court · 1857
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