Emerson v. Spicer
New York Supreme Court
ACTION to recover the possession of real estate claimed by the plaintiffs as heirs at law of James Emerson, deceased. James Emerson, the father of the infant plaintiffs, died intestate, on the 14th of September, 1864, seised of about 107 acres of land, o.n which he resided, and leaving the plaintiffs his only children and heirs at law, and his widow, Esther B. Emerson, who continued in the possession of the said premises, with the plaintiffs, who constituted her family.
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ACTION to recover the possession of real estate claimed by the plaintiffs as heirs at law of James Emerson, deceased. James Emerson, the father of the infant plaintiffs, died intestate, on the 14th of September, 1864, seised of about 107 acres of land, o.n which he resided, and leaving the plaintiffs his only children and heirs at law, and his widow, Esther B. Emerson, who continued in the possession of the said premises, with the plaintiffs, who constituted her family. Her dower in the lands was never admeasured or assigned to her. The widow was, on the 29th of October, 1864, duly appointed…
1Opinion of the CourtMullin, J.
The plaintiffs are entitled to judgment. The mother was guardian in socage, and as such had power to lease the lands of her wards until they became fourteen years of age, or another guardian was duly appointed. (3 R. S. 5th ed., p. 2, §§ 5, 6, 7.) On the appointment of another guardian, her power to lease, and all leases made by her of the wards’ lands, ceased. (Sylvester v. Ralston, 31 Barb. 286. 2 Kent’s Com. and note f. Roe v. Hodgson, 2 Wil. 129, 135. Field v. Schieffelin, 7 John. Ch. 150. Holmes v. Seely, 17 Wend. 75. Putnam v. Ritchie, 6 Paige, 399. Byrne v. Van Hoesen, 5 John. 66.)
It…
2Cases cited4 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- Holmes v. SeelyNew York Supreme Court · 1837
- Byrne v. Van HoesenNew York Supreme Court · 1809
- Sylvester v. RalstonNew York Supreme Court · 1859
3Cited by1 opinion
- Bartholomew v. LyonNew York Supreme Court · 1874