Voorhees v. Presbyterian Church
New York Supreme Court
This was an appeal from a decision made by Justice Paige, at a special term. The case below is reported 8th Barb. 135, where the facts are stated.
1Opinion of the Court
By the Court, Hand, P. J.
The assignment or supposed conveyance by the plaintiff, Samuel Voorhees, to Betsey his 'wife, on the 1st day of January, 1840, transferred no right to her. The right to a pew is an interest in real estate. (First Bap. Ch. of Ithica v. Bigelow, 16 Wend. 82, Vielie v. Osgood, *1058 Barb. 150.) And the husband cannot convey immediately to the wife. (Co. Litt. 3 a, 112 a, and Harg. notes, 3 a. Clan. Rights of Mar. Women, 1., 4 Cruise, 22. 2 Kent, 129. Beard v. Beard, 3 Atk. 72. Moyse v. Gyles, 2 Term. R. 385.) The husband may create a trust in favor of the wife; and equity…
2Cases cited11 opinions
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
- Yates v. YatesNew York Supreme Court · 1850
- Butler v. BensonNew York Supreme Court · 1847
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3Cited by14 opinions
- In Re the Estate of FairCalifornia Supreme Court · 1901
- White v. . WagerNew York Court of Appeals · 1862
- Champlain & St. Lawrence Rail Road v. ValentineNew York Supreme Court · 1853
- Beekman v. PeopleNew York Supreme Court · 1858
- McCaughal v. RyanNew York Supreme Court · 1857
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