In re Winne
New York Supreme Court
Frances M.0Winne, an infant, applied to the court by her next friend for leave to sell certain real estate, descended to her as heir of her mother, now deceased. The title of the mother accrued after the acts of 1848 and 1849, for the more effectual protection of the property of married women.
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Frances M.0Winne, an infant, applied to the court by her next friend for leave to sell certain real estate, descended to her as heir of her mother, now deceased. The title of the mother accrued after the acts of 1848 and 1849, for the more effectual protection of the property of married women. The father of the infant claimed an interest in the real estate of his deceased wife, as tenant by the curtesy, and offered to join in a conveyance of such interest in case the court ordered a sale of the infant’s interest therein, on being paid the estimated value of his life estate. The referee…
1Opinion of the CourtLamont, J.
There never has been a time in the history of the common law, when the husband’s tenancy by the curtesy began upon the wife’s decease, or was affected by the laws of descent. Such tenancy is an estate of freehold in the husband, which cannot arise at or after the death of the wife, but must vest in him during her life-time, and during the actual continuance of the marriage. Whatever interest in the wife’s inheritance accrues to others upon her death, cannot, by the nature of the case, be a tenancy by the curtesy, as such estate is defined by the common law. The heir can only take by the death…
2Cases cited23 opinions
- D'Arcy v. KetchumSupreme Court of the United States · 1851
- Knapp v. . SmithNew York Court of Appeals · 1863
- Westervelt v. . GreggNew York Court of Appeals · 1854
- Modisett v. JohnsonIndiana Supreme Court · 1831
- Ransom v. . NicholsNew York Court of Appeals · 1860
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3Cited by4 opinions
- Quinlen v. WelchNew York Supreme Court · 1893
- State ex rel. Niece v. SoaleIndiana Court of Appeals · 1905
- In re the Final Judicial Settlement of the Account of LeslieAppellate Division of the Supreme Court of the State of New York · 1922
- In re McKennaDistrict Court, W.D. Tennessee · 1881