Collins v. . Russell
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered August 27,1904, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. A tenancy by the curtesy arises upon the death of a wife seized of a vested remainder acquired by deed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered August 27,1904, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. A tenancy by the curtesy arises upon the death of a wife seized of a vested remainder acquired by deed. (Van Rensselaer v. Poucher, 5 Den. 35; Wendell v. Crandall, 1 N. Y. 491; Jenkins v. Fahey, 73 N. Y. 355 ; Durando v. Durando, 23 N. Y. 331; Ferguson…
1Opinion of the CourtO’Brien, J.
This action is brought by a husband to recover possession of certain .premises, which he claims as tenant by the curtesy. The defense is that the wife was not actually seized of the premises during her lifetime and that, therefore, the estate in curtesy did not attach.
By the deed which conveyed the property to the wife there was conveyed to another party a life estate therein. It does 'not appear that the wife was ever in actual possession of the property; since the life tenant survived her, and it is assumed, as I understand the case, that the wife was never in actual possession of the…
2Cases cited2 opinions
- Ferguson v. . TweedyNew York Court of Appeals · 1871
- Carr v. AndersonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Sanford v. GetmanNew York Supreme Court · 1924
- Shackleton v. AnnabelAppellate Division of the Supreme Court of the State of New York · 1924