# Gillis v. Brown

> New York Supreme Court · February 15, 1826 · 5 Cow. 388

URL: https://www.frixlaw.com/law-library/cases/5464573

## Case

- **Full name:** Gillis, widow, demandant against Brown, tenant
- **Court:** New York Supreme Court
- **Decided:** February 15, 1826
- **Citations:** 5 Cow. 388
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Curiawoodworth
- **Judges:** Curia, Woodworth
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5464573

## Opinion text

Curia, per Woodworth, J.
The husband of the demandant had not an estate, that could descend to his heirs. It was pur auter vie. By the English statute, (29 Car. 2, c. 3, sec. 12,) such an estate descends to the heir, if it comes to him as a special occupant. It was enacted to prevent the mischief, which previously existed, that where no special occupant was designated by the grant, it belonged to the person who first took possession. (4 D. & E. 229.) This act enables the proprietor to devise the estate; but when no devise is made, it is chargeable in the hands of the heir, if it comes to him by reason of a special occupancy as assets by descent, as in case of lands in fee simple; and if there be no special occupant, it shall go to the executor and be assets. Our act, (1 R. L. 365, s. 4,) declares that estates of this description shall be deviseable; and if no devise be made, they shall go to the executor or administrator, *390 to be applied and distributed as- part of the personal estate. The consequence is, the demandant is not entitléd to dow er; and the tenant is entitled to judgment.
Judgment for the tenant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5464573. Public record. Not legal advice.