107 N.J. Eq. 151 | N.J. Ct. of Ch. | 1930
Two questions are presented for decision in this partition suit; first, whether or not partition of land can be decreed *152 by this court where the land is in possession of a tenant by the curtesy without the consent of such tenant; and second, conceding that such consent was formerly required, whether or not it is now necessary in view of the provisions of P.L. 1927 ch. 71 p. 128, as amended by P.L. 1928 ch. 209 p. 380.
The first question was answered in the negative, and adversely to the contention of the complainant, by the court of errors and appeals in Portnow v. Portnow,
The second question must be answered in the affirmative.
The lands involved in this suit were owned in fee by Minnie W. Bennett, the wife of Henry (Hendrick) L. Bennett, at the time of her death on July 2d 1929. She acquired title to those lands prior to the enactment of P.L. 1927 ch. 71. There was also issue born alive to this husband and wife prior to that date. The husband thereupon became entitled to an inchoate right of curtesy in these lands. Doremus v. Paterson,
It is true that in Murphy v. Skelly,
I will advise a decree dismissing the bill.