Arrowsmith v. Arrowsmith
New York Supreme Court
Appeal from a decree of the surrogate of Monroe county distributing the proceeds arising from the sale of the real estate of Margaret Arrowsmith, intestate, by Nelson Arrowsmith, her administrator. On the 25th day of June, 1875, Nelson Arrowsmith, as administrator of Margaret Arrowsmith, petitioned the surrogate of Monroe county for leave to mortgage, lease or sell the real estate of which Margaret Arrowsmith died seized, for the purpose of paying her debts.
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Appeal from a decree of the surrogate of Monroe county distributing the proceeds arising from the sale of the real estate of Margaret Arrowsmith, intestate, by Nelson Arrowsmith, her administrator. On the 25th day of June, 1875, Nelson Arrowsmith, as administrator of Margaret Arrowsmith, petitioned the surrogate of Monroe county for leave to mortgage, lease or sell the real estate of which Margaret Arrowsmith died seized, for the purpose of paying her debts. Such proceedings were had as that on the 10th day of August, 1875, a sale of the real property of the intestate was ordered, and on the…
1Opinion of the Court
E. DarwiN Smith, J.:
On the decease of Margaret Arrowsmith, the intestate, her husband, Nelson Arrowsmith, the respondent, undoubtedly succeeded to her estate as a tenant by the curtesy. (Hatfield v. Sneden, 54 N. Y., 285 ; Ransom v. Nichols, 22 id., 110; Barnes v. Underwood, 47 id., 351; Matter of Winne, 2 Lans., 21.) Though they were married before the passage of the act of 1848 for the more effectual protection of the rights of married women, her title to the land in question was acquired after the passage of that act.
The respondent, however, took such estate subject to the payment of the…
2Cases cited2 opinions
- Hatfield v. . SnedenNew York Court of Appeals · 1873
- In re WinneNew York Supreme Court · 1870