Burke v. Valentine
New York Supreme Court
Appeal from a judgment in partition. John Valentine died, December 14, 1853, seized of certain real estate ; and left a ivill which contained the following clause, after providing for the payment of certain debts.and specific legacies : “Further it is my will, and I do order, that all’ my estate that may be left after paying the above expenses and legacies, when called for, shall remain in the hands of my executors, or under their control, and for the use of my wife and…
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Appeal from a judgment in partition. John Valentine died, December 14, 1853, seized of certain real estate ; and left a ivill which contained the following clause, after providing for the payment of certain debts.and specific legacies : “Further it is my will, and I do order, that all’ my estate that may be left after paying the above expenses and legacies, when called for, shall remain in the hands of my executors, or under their control, and for the use of my wife and children, while under age ; and after my youngest child shall have arrived at the age of twenty-one years, my will is, and I…
1Opinion of the Court
By the Court.*—Ingraham, P. J.
—Two questions are submitted on this appeal.
1. Is the estate of tenancy by curtesy abolished as to subsequently-acquired property of a married woman, by the acts of 1848 and 1849 ?
2. If not, was there such an estate vested in the wife of the plaintiff Burke, as to entitle him to an estate by curtesy after her death %. The property was devised by will in 1853, and, consequently, the title of the plaintiff’s wife, whatever it was, was subject to the operation of those statutes. The acts of 1848 and 1849 were intended to protect a married woman in the free use,…
2Cases cited12 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Ransom v. . NicholsNew York Court of Appeals · 1860
- Shumway v. CooperNew York Supreme Court · 1853
- Blood v. HumphreyNew York Supreme Court · 1854
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re the Appraisal of the Estate of StarbuckAppellate Division of the Supreme Court of the State of New York · 1910
- Simpson v. CookSupreme Court of Minnesota · 1877
- In re CongerAppellate Division of the Supreme Court of the State of New York · 1903
- In re WinneNew York Supreme Court · 1869
- Muller v. StruppmannNew York Supreme Court · 1878
4 more not listed; retrieve them via the Exa API.