Schulz v. Ziegler
Supreme Court of New Jersey
On appeal from order advised by Vice-Chancellor Walker, denying motion made under rule 213 of the court of chancery to strike out the bill of complaint. The vice-chancellor filed the following memorandum: “Walker, V. C. This is a bill for partition. The complainant is the daughter of the defendant. The lands sought to be partitioned were deeded to the defendant and her husband who thereupon became tenants of the premises by entirety.
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On appeal from order advised by Vice-Chancellor Walker, denying motion made under rule 213 of the court of chancery to strike out the bill of complaint. The vice-chancellor filed the following memorandum: “Walker, V. C. This is a bill for partition. The complainant is the daughter of the defendant. The lands sought to be partitioned were deeded to the defendant and her husband who thereupon became tenants of the premises by entirety. The husband and father conveyed all his right, title and interest in the lands to his daughter, the complainant, and thereupon the mother and daughter, the bill…
1Opinion of the Court
The opinion of the court was delivered by
Parker, J.
We concur in the result reached bjr the court below and for the most part, upon the grounds expressed in the foregoing memorandum of Vice-Chancellor (now Chancellor) Walker.
In Buttlar v. Rosenblath, 42 N. J. Eq. (15 Stew.) 651, it was decided that- by virtue of the Married Woman’s act the .estate by entireties was affected in such a way as to endow the wife with the capacity, during the joint lives, to hold in her possession as a single female one-half the estate in common with her husband, the right of survivorship still existing as at…
2Cases cited1 opinion
- Whitbeck v. EdgarNew York Court of Chancery · 1847
3Cited by16 opinions
- Hurd v. HughesCourt of Chancery of Delaware · 1920
- Dvorken v. BarrettNew Jersey Superior Court Appellate Division · 1968
- In Re OdegaardUnited States Bankruptcy Court, D. Oregon · 1983
- Zanzonico v. ZanzonicoSupreme Court of New Jersey · 1946
- Grange v. GrangeNew Jersey Superior Court Appellate Division · 1978
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