Legal Opinion

Wadhams v. American Home Missionary Society

New York Court of Appeals

Decided June 15, 1855PublishedCited by 3 opinions

Appeal from a judgment of the supreme court in the 7th district, reversing a decree of the surrogate of the county of Monroe refusing probate of a paper alleged to be the will of Elizabeth B. Wadhams, deceased.

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Appeal from a judgment of the supreme court in the 7th district, reversing a decree of the surrogate of the county of Monroe refusing probate of a paper alleged to be the will of Elizabeth B. Wadhams, deceased. On the 28th of May, 1838, the said Elizabeth, then a widow, and Jonathan Wadhams, one of the appellants, entered into articles of agreement under their respective hands and seals, whereby, after reciting a contemplated marriage between them, and that the said Elizabeth was the owner of a large real and personal estate which the parties contemplated should continue to be enjoyed,…

1Opinion of the CourtDenio, J.

Neither the respondent’s legacy, nor either of the others, except that of the residue, were charged upon the real estate of the deceased. The question which we are to determine is, therefore, whether a married woman, having her property settled to her separate use in the manner which was adopted in this case, could, at the time this will was made, dispose of her personal estate by will notwithstanding her coverture.

Before the enactment of the Revised Statutes, it was well settled that a married woman might make a will of her separate personal property, which would be valid in equity; and it…

2Cases cited1 opinion

  1. Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820

3Cited by3 opinions

  1. Tompkins v. . HyattNew York Court of Appeals · 1863
  2. Davis v. ReadU.S. Circuit Court for the District of Western Michigan · 1889
  3. Northrup v. MeadAppellate Division of the Supreme Court of the State of New York · 1907

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