Zorntlein v. . Bram
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 30, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Mem. of decision below, 17 J. & S. 476.) This was an action for partition. In 1878 the property in question was conveyed to Jacob Bram and Babeta Bram, his wife.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 30, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Mem. of decision below, 17 J. & S. 476.) This was an action for partition. In 1878 the property in question was conveyed to Jacob Bram and Babeta Bram, his wife. On September 23, 1881, said Babeta Bram executed a deed purporting to convey an undivided one-half of the premises to plaintiff. On September 30, 1881, said Jacob and Babeta Bram joined in a…
1Opinion of the CourtRapallo, J.
This case is controlled by the decision in Bertles v. Nunan (92 N. Y. 152). The common-law rule, that when land is conveyed to husband and wife they do not take as tenants in common, or as joint tenants, but each becomes seized of the entirety, jper tout and no't per my, and that on the death of either the whole survives to the other, was held in that case to be still subsisting in this State, notwithstanding the acts in relation to married women. The act of 1880 (Chap. 472), which allows husband and wife to make division between themselves of lands thus held, was before us in that case, but…
2Cases cited1 opinion
- Bertles v. . NunanNew York Court of Appeals · 1883
3Cited by26 opinions
- In Re the Transfer Tax Upon the Estate of KlatzlNew York Court of Appeals · 1915
- In re the Estate of SitkinNew York Surrogate's Court · 1934
- Armondi v. DunhamAppellate Division of the Supreme Court of the State of New York · 1927
- Donahue v. HubbardMassachusetts Supreme Judicial Court · 1891
- Cloos v. CloosNew York Supreme Court · 1890
21 more not listed; retrieve them via the Exa API.