Stelz v. . Shreck
New York Court of Appeals
Gross-appeals from order of the General Term of the Supreme Court in the first judicial department, made April 17, 1891, denying motions of both plaintiff and defendant Shreck for a new trial on exceptions taken under section 1001 of the Code of Civil Procedure. This was an action for the admeasurement of dower. In 1886 premises in the city of Hew York were conveyed by deed to William Stelz and Minnie Stelz, his wife.
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Gross-appeals from order of the General Term of the Supreme Court in the first judicial department, made April 17, 1891, denying motions of both plaintiff and defendant Shreck for a new trial on exceptions taken under section 1001 of the Code of Civil Procedure. This was an action for the admeasurement of dower. In 1886 premises in the city of Hew York were conveyed by deed to William Stelz and Minnie Stelz, his wife. Subsequently William obtained a divorce upon the ground of his wife’s adultery. He thereafter married the plaintiff and died intestate. The plaintiff claimed dower in the whole…
1Opinion of the CourtPeckham, J.
We agree in this case with the views expressed by the learned judges who delivered the opinions at the Special and General Terms of the Supreme Court. The sole question arises out of the decree of divorce which the husband obtained from his first wife on account of her adultery.
Did that divorce have any, and if so what, effect upon the character of the holding of the real property by the former husband and wife ? By the conveyance the husband and wife took an estate as tenants by the entirety. (Bertles v. Nunan, 92 N. Y. 152; Zorntlein v. Bram, 100 id. 13.)
Such a tenancy differs from all…
2Cases cited3 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Barber v. HarrisNew York Supreme Court · 1836
- Lash v. LashIndiana Supreme Court · 1877
3Cited by108 opinions
- Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
- Davis v. . BassSupreme Court of North Carolina · 1924
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Kahn v. KahnNew York Court of Appeals · 1977
- V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
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