In re Whitaker
New York Court of Chancery
PETITION stating, that Betsey W. was seized, as heir, to an undivided moiety of 208 acres of land, in the town of Buffalo, and county of Niagara. That the lot is unproductive, and could not well be divided without lessening its value. That she is seventeen years of age, and married to Alanson W., who is twenty-three years of age.
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PETITION stating, that Betsey W. was seized, as heir, to an undivided moiety of 208 acres of land, in the town of Buffalo, and county of Niagara. That the lot is unproductive, and could not well be divided without lessening its value. That she is seventeen years of age, and married to Alanson W., who is twenty-three years of age. That 5 J J . ° they have not much property, except the interest of the wife in the said land, and which is subject to the claim of dower of her mother, who is a widow. The petition, which prayed for a sale of the land, was accompanied with a Master’s Report, under…
1Opinion of the Court
The Chancellor
doubted whether this case came within the act of the 24lh of March, 1815, entitled, “ an act, in addition to the act concerning infants,” or within the act of April 9th, 1814, to which the other was an addition.
The authority to sell the lands of infants, under these acts, was intended for the better education or maintenance of infants, and for their special and substantial benefit* The infant, in such cases, is declared to be a ward of the Court, and a guardian is to be appointed for that particular purpose, who is to give a bond to the infant, with competent security; and all…
2Cited by2 opinions
- Chase v. Ulster & Delaware RailroadAppellate Division of the Supreme Court of the State of New York · 1926
- Dengenhart v. CracraftOhio Supreme Court · 1881