Legal Opinion

Kelly v. McCarthy

New York Surrogate's Court

Decided February 15, 1854PublishedCited by 6 opinions

1Opinion of the Court

The Surrogate.

The intestate was a married woman, and during coverture had taken as a feme sole an assignment of certain leasehold premises, and executed a mortgage on the premises to secure the payment of one thousand dollars. After her decease, her husband died also, and his administrators contest the validity of the mortgage. The Act for the more effectual protection of the property of married women provides that the same may be received and held to their sole and separate use—be their sole and separate property—and be devised or conveyed in the same manner and with like effect as if they…

2Cases cited1 opinion

  1. Querry's Ex'r v. Faussier's Ex'rsSupreme Court of Louisiana · 1819

3Cited by6 opinions

  1. Palairet's AppealSupreme Court of Pennsylvania · 1871
  2. Vreeland v. SchoonmakerNew Jersey Superior Court Appellate Division · 1863
  3. Kelly v. CampbellNew York Court of Appeals · 1863
  4. Minor v. JonesNew York Surrogate's Court · 1876
  5. Kelly v. CampbellNew York Court of Appeals · 1864

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