Sanford v. Getman

Cunningham, J.:

In November, 1915, Frances T. Getman, of the village of Lyons, conveyed certain real property in that village to her two daughters, Marion G. Getman and Frances E. Getman.

Frances E. Getman, who was married to the plaintiff in June, 1917, died on July 29, 1920. Plaintiff claims an estate by curtesy in the lands conveyed to Frances E. Getman by her mother.

It is admitted that .a child was born on March 24, 1920, of the marriage between plaintiff and Frances E. Getman, but it is claimed that it was not born alive. Although the baby did not cry, it breathed and its heart beat and it…