Winans v. Peebles
New York Supreme Court
SEVERAL years prior to the passage of the “act for the more effectual protection of the property of married women,” passed in 1848 (Laws of 1848, c/i. 200) and amended in 1849, (Laios of 1849. p. 528,) Catharine M. Winans, being a widow and having two children by her former husband, married Corbet Peebles, one of the defendants in this action.
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SEVERAL years prior to the passage of the “act for the more effectual protection of the property of married women,” passed in 1848 (Laws of 1848, c/i. 200) and amended in 1849, (Laios of 1849. p. 528,) Catharine M. Winans, being a widow and having two children by her former husband, married Corbet Peebles, one of the defendants in this action. On the 15th March, 1851, William Steele, the father of Mrs. Peebles, gave to her husband $825, with directions to purchase with it a lot of land of about 40 acres, and take a conveyance directly to her. It was claimed and found that this was done with…
1Opinion of the Court
The following opinion was delivered by the judge, on deciding the case at special term:
Johnson, J.
“The first question presented in this case is, whether the conveyance in question is valid under the act of 1849, amending the act ‘for the more effectual protection of married women.’ By this act ‘ any married female may take by inheritance or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property and any interest or estate therein, and the rents, issues and profits thereof, in the same…
2Cases cited4 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Stevens v. StevensNew York Supreme Court · 1819
- Meriam v. HarsenNew York Court of Chancery · 1847
- Graham v. Van WyckNew York Supreme Court · 1852
3Cited by4 opinions
- Coakley v. ChamberlainThe Superior Court of New York City · 1869
- Blaesi v. BlaesiNew York Supreme Court · 1886
- Horner v. WebsterSupreme Court of New Jersey · 1867
- Tradesmen's National Bank v. McFeelyNew York Supreme Court · 1875