Legal Opinion
White v. . Wager
New York Court of Appeals
Decided September 5, 1862PublishedCited by 53 opinions
1Opinion of the Court
It is an established doctrine of the common law, that, in consequence of the unity of person between husband and wife, neither the husband nor the wife can grant, the one to the other, an estate in possession, reversion or remainder, to take effect in possession during the life time of the grantor. (Littleton, § 168; Co. Litt., 3, a, 112, a; Hargrave's Note, 12, and cases referred to; Bell on Property of Husband and Wife, 470;Firebrass v. Pennant, 2 Wils., 254; Shepard v. Shepard, 7 John. Ch., 57; Voorhees v. The Presbyterian Church ofAmsterdam, 17 Barb., 103, and cases cited by HAND, J.;…
2Cases cited5 opinions
- Shepard v. ShepardNew York Court of Chancery · 1823
- Meriam v. HarsenNew York Court of Chancery · 1847
- Voorhees v. Presbyterian ChurchNew York Supreme Court · 1853
- Simmons v. McElwainNew York Supreme Court · 1857
- Dempsey v. TyleeThe Superior Court of New York City · 1854
3Cited by53 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- People v. . PalmerNew York Court of Appeals · 1888
- Barnett v. HarshbargerIndiana Supreme Court · 1886
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
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