17 Barb. 660 | N.Y. Sup. Ct. | 1854
The first question which I propose to consider in this case is, whether the deed from Mrs. Blood to her father, Carlton Humphrey, was properly executed and acknowledged, so as to convey the title of the premises in question, Mrs. Blood, although a married woman, was seised of the fee of these premises, by conveyance made to her on or about the 14th day of August, 1848. This conveyance being executed after the passage of the act for the more effectual protection of the property of married women, passed April 7,1848, she held the same to her sole and separate use, the same as if she were a single female. (Laws of 1848, chap. 200, § 3.) On the 14th day of May, 1850, Mrs. Blood by' deed conveyed these premises to her father, Carlton Humphrey. There is nothing in the deed, or in the certificate of acknowledgment, to show that she was a married woman. She does not acknowledge the execution of the deed on a private examination, or apart from her husband, or acknowledge that she executed the same without any fear or compulsion of her husband. The question presented for our decision therefore is, whether this is a good execution, under our statute. The revised statutes declare that the acknowledgment of a married woman, residing within this state, to a conveyance purporting to be executed by her, shall not be taken unless, in addition to the requisites contained in the preceding section, (which provides for general acknowledgments,) she acknowledges on a private examination, apart from her husband, that she executed such conveyance freely, and without any fear or compulsion of her husband ; nor shall any estate, of any such married woman,- pass by any conveyance, not so acknowledged. (1 R. S. 758, § 10.) By the 3d section of the act of April 7,1848, as amended by chapter 375 of the laws of 1849, (Laws of 1849, p. 528,) any married female may take by gift, grant, devise or bequest, from any person other than her husband, and hold to her sole and separate use, and convey and "devise real and personal property, &c. in the same manner, and with the like effect, as if she were unmarried. This statute declares that a married female may not only take and hold real estate, in the same manner, and with the like effect, as if she
Crippen, Gray, Shankland and Mason, Justices.]