Bonati v. . Welsch
New York Court of Appeals
Appeal from the Supreme Court. Action by a widow residing in France, against the executors and legatees of her deceased husband, to recover the value of certain real estate inherited by her, which was sold with her assent and the-proceeds received by her husband while she was living and domiciled with him. in France.
Read the full summary
Appeal from the Supreme Court. Action by a widow residing in France, against the executors and legatees of her deceased husband, to recover the value of certain real estate inherited by her, which was sold with her assent and the-proceeds received by her husband while she was living and domiciled with him. in France. Upon the trial these facts were proved and found: On the 23d day of January, 1823, the plaintiff married at Severne, in France, Maximilian Bonati, and continued his wife until he died in 1849. The plaintiff was born in France, and the husband in Germany, and both were domiciled…
1Opinion of the CourtDavies, J.
By section 1387 of the Code Napoleon, the law in reference to the conjugal relation is prescribed in de* fault of special agreement; and by section 1393, in default of special stipulations, the law of community prevails. By sections 1401 and 1402, the community consists of such movable property as fall to either party during the marriage by any title whatever, and all immovables acquired during marriage. By section 1404, the immovables which fall to them during marriage by title of succession do not enter into the community. Section 1433 provides that if an immovable belonging to one party be…
2Cases cited1 opinion
- De Barante v. GottNew York Supreme Court · 1849
3Cited by15 opinions
- People v. . MartinNew York Court of Appeals · 1903
- In Re the Transfer Tax Upon the Estate of MajotNew York Court of Appeals · 1910
- In Re the Probate of the Will of WeeksNew York Court of Appeals · 1945
- O'Connor v. O'ConnorCalifornia Supreme Court · 1933
- Van Cortlandt v. de GraffenriedAppellate Division of the Supreme Court of the State of New York · 1911
10 more not listed; retrieve them via the Exa API.