Babcock v. Babcock
New York Supreme Court
Os the 14th day of August, 1873, the plaintiff and the defendant Jeptha W. Babcock contracted a mutual engagement to marry; it was understood by both at that time that their contemplated marriage should take place in a few days thereafter. At this time both parties were residents of the city of Lockport, in this state, and each owned and possessed real and personal estates of about equal amounts and value.
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Os the 14th day of August, 1873, the plaintiff and the defendant Jeptha W. Babcock contracted a mutual engagement to marry; it was understood by both at that time that their contemplated marriage should take place in a few days thereafter. At this time both parties were residents of the city of Lockport, in this state, and each owned and possessed real and personal estates of about equal amounts and value. The plaintiff was at that time a widow, upwards of sixty years of age, and the defendant, Jeptha W. Babcock, a widower sixty-seven years of age; both had children of former marriages, of…
1Opinion of the CourtHenderson, J.
At the time the plaintiff and her husband contracted to marry, he, the intended husband, was seized of an estate of inheritance in the land which he conveyed to his children a few days thereafter. Had he continued seized until the marriage, the plaintiff would, by virtue of the marriage and the seizin of her husband, have acquired an inchoate right of dower in all of said lands.
It is alleged by the plaintiff that these deeds were executed and delivered on the eve of the contemplated marriage, without consideration, and for the sole purpose, and with the intent on the part of the grantor and…
2Cases cited3 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Cranson v. CransonMichigan Supreme Court · 1856
3Cited by3 opinions
- Daniher v. DaniherIllinois Supreme Court · 1903
- Bliss v. WestNew York Supreme Court · 1890
- Clifford v. KampfeNew York Supreme Court · 1895