Legal Opinion
Hawthorne v. Hawthorne
New York Court of Appeals
Decided July 10, 1963PublishedCited by 30 opinions
1Opinion of the CourtBurke, J.
The question presented is whether the proceeds of a standard fire insurance policy insuring the interest of plaintiff wife and defendant husband as tenants by the entirety of real property must be divided at the demand of one of the owners or are impressed in equity with the inseverable quality of the ownership of the realty against whose loss they are payable.
The unity of person of husband and wife by reason of which we have entireties in realty is only an historical and not a functional explanation and itself gives no clue to the relationship that ought properly to obtain between the owners…
2Cases cited15 opinions
- In Re the Transfer Tax Upon the Estate of McKelwayNew York Court of Appeals · 1917
- In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
- In Re the Estate of BlumenthalNew York Court of Appeals · 1923
- Brownell v. Board of Education of Inside Tax District of City of Saratoga SpringsNew York Court of Appeals · 1925
- In Re the Estate of SuterNew York Court of Appeals · 1932
10 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Steigler v. Insurance Co. of North AmericaSupreme Court of Delaware · 1978
- Krupp v. Aetna Life & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Howell v. Ohio Casualty Ins. Co.New Jersey Superior Court Appellate Division · 1974
- First Federal Savings & Loan Ass'n v. BrownAppellate Division of the Supreme Court of the State of New York · 1980
- Lovell v. Rowan Mutual Fire InsuranceSupreme Court of North Carolina · 1981
25 more not listed; retrieve them via the Exa API.