Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry J. Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of St. Lawrence on the 18th day of JSTovember, 1901, upon the decision of the court, rendered after a trial at the St. Lawrence Special Term, dismissing the complaint upon the merits, on the ground that plaintiff had no interest in the real estate of the testator, Owen Smith.
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Appeal by the plaintiff, Henry J. Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of St. Lawrence on the 18th day of JSTovember, 1901, upon the decision of the court, rendered after a trial at the St. Lawrence Special Term, dismissing the complaint upon the merits, on the ground that plaintiff had no interest in the real estate of the testator, Owen Smith. The plaintiff is a son of Owen Smith, who died July 27, 1892. At the time of his death Owen Smith was a resident naturalized citizen of this State and the owner of…
1Opinion of the Court
Kellogg, J.:
The question presented by this record is, could a non-resident alien in July, 1892, take an interest in lands situated in this State through a devise by a citizen % The answer to the question depends upon the proper construction to be given to the law of 1875 (Ohap. 38). For political reasons the common law created a barrier against the ownership by aliens of lands situated here. Aliens, resident or nón-resident, could not take by inheritance, but they *288could take by purchase or devise and hold the fee-until office found ” or' the State asserted its rights to ownership- by escheat.…
2Cases cited3 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Parker v. . LindenNew York Court of Appeals · 1889
- Callahan v. O'BrienNew York Supreme Court · 1893
3Cited by5 opinions
- Suwa v. JohnsonCalifornia Court of Appeal · 1921
- Criswell v. NobleNew York Supreme Court · 1908
- Stewart v. RussellAppellate Division of the Supreme Court of the State of New York · 1904
- McCormack v. CoddingtonAppellate Division of the Supreme Court of the State of New York · 1905
- McCormack v. CoddingtonNew York Supreme Court · 1905