Townshend v. Townshend
New York Supreme Court
John Townshend brought this action against Mary N. Townshend, (his wife) and Mary S. Van Beuren, as administratrix, B. L. Luckey, and others, for a partition of lands.
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John Townshend brought this action against Mary N. Townshend, (his wife) and Mary S. Van Beuren, as administratrix, B. L. Luckey, and others, for a partition of lands. The allegations of plaintiff’s complaint were as follows : That he and the defendant, Mary N. Townshend, are in possession as tenants, in common, of all, &c., [describing the premises']. Plaintiff has an estate in fee in the said lot, consisting of one undivided half part thereof, as tenant in common with the defendant, Mary N. Townshend, who has a like estate. The defendant, B. L. Luckey, has a lease of the said premises,…
1Opinion of the CourtVan Vorst, J.
On behalf of the defendant, Mary S. Van Beuren, it was asked upon the trial that the plaintiff’s complaint be dismissed, upon the ground that the conveyance to the plaintiff is from his wife directly, and is void.
In support of this proposition, I am referred to the case of White r. Wager (25 N. T. 328). That was a suit at law for the recovery of money, in which it was held that a deed executed by a wife, in contemplation of death, to her husband, was wholly ineffectual. There are other cases, which hold, in substance, that such a conveyance, made for a good consideration, may be sustained and…
2Cases cited7 opinions
- Hunt v. . JohnsonNew York Court of Appeals · 1870
- Paige v. . WilletNew York Court of Appeals · 1868
- Hosford v. MerwinNew York Supreme Court · 1848
- Jackson ex dem. People v. WoodNew York Supreme Court · 1815
- Dunham v. MinardNew York Court of Chancery · 1834
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3Cited by3 opinions
- Diefendorf v. DiefendorfNew York Supreme Court · 1890
- Pangburn v. MilesNew York Supreme Court · 1880
- Woodman v. PenfieldNew York Supreme Court · 1889