Hiles v. . Fisher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which directed a judgment in favor of plaintiff upon a case submitted under section 1279 of the Code of Civil Procedure. The facts stated are substantially as follows: The defendants are and for the past thirty years and upwards have been husband and wife.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which directed a judgment in favor of plaintiff upon a case submitted under section 1279 of the Code of Civil Procedure. The facts stated are substantially as follows: The defendants are and for the past thirty years and upwards have been husband and wife. On or about the 22d of March, 1866, the defendants, by a deed to them as husband and wife, took title to a farm of about forty-four acres in the town of Dryden, Tompkins county, H. Y., which they have…
1Opinion of the Court
Andrews, Ch. J.
It was decided in Bertles v. Nunan (92 N. Y. 152) that the separate property acts relating to the rights of married women had not abrogated the common-law doctrine, that under a conveyance to husband and wife they take not as tenants in common, nor as joint tenants, but by the entirety, and upon the death of - either the survivor takes the whole estate. In that case the husband had died, leaving his wife surviving, and the question was whether the wife as survivor took upon the death of her husband the entire fee under the doctrine of the common law. The question, what change,…
2Cases cited5 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Barber v. HarrisNew York Supreme Court · 1836
- Meeker v. . WrightNew York Court of Appeals · 1879
- Miner v. . BrownNew York Court of Appeals · 1892
3Cited by173 opinions
- Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
- In Re the Transfer Tax Upon the Estate of McKelwayNew York Court of Appeals · 1917
- Kahn v. KahnNew York Court of Appeals · 1977
- V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
- In Re the Transfer Tax Upon the Estate of KlatzlNew York Court of Appeals · 1915
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