Stable v. Gertel
| Decision Date | 27 September 1933 |
| Docket Number | No. 164.,164. |
| Citation | 168 A. 645 |
| Parties | STABLE et al. v. GERTEL. |
| Court | New Jersey Supreme Court |
Appeal from Supreme Court.
Action of ejectment by Louisa Stable and another against Charles C. Gertel. From the judgment (165 A. 876, 11 N. J. Misc. 247), plaintiffs appeal.
Affirmed.
Benjamin J. Darling and John H. Jobes, both of Jersey City, for appellants.
Gross & Gross, and Benjamin Gross, all of Jersey City, for respondent.
This is an action of ejectment. The trial judge properly held that a husband takes an estate in fee simple in lands his wife acquired by purchase during coverture, she dying without leaving lawful issue and intestate.
The lands in question were devised to the defendant's wife by her father. She therefore took by purchase. Malague v. Marion, 107 N. J. Eq. 333, 152 A. 637.
Our act (P. L. 1926, p. 77 [Comp. St. Supp. § 57—13b1) directing the descent of real estate contains the following provisions: "Hereafter, when any married person shall die seized of any lands, tenements or hereditaments, in his or her right in fee simple without devising the same in due form of law and without leaving lawful issue but leaving a husband or wife, him or her surviving, then and in that case the said person so surviving, whether it be husband or wife, shall take an entire estate in fee simple in the deceased's lands, tenements or hereditaments: provided, however, this act shall only apply to property of which husband or wife may die seized of, which had been purchased by husband or wife during coverture."
"The word 'purchased' * * * is used in its technical sense and means the acquisition of lands by means other than descent or inheritance." Borgquist v. Ferris, 112 N. J. Eq. 324, 164 A. 38.
The act applies to all lands taken by purchase where the death of the owner occurs after the passage thereof. Anderson v. Greenleaf, 165 A. 730, 11 N. J. Misc. 330.
The judgment is affirmed.
For affirmance: The CHANCELLOR, the CHIEF JUSTICE, Justices TRENOHARD, PARKER, CASE, BODINE, DONGES, HEHER, and PERSKIE, and Judges VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, and DILL—15.
For reversal: None.
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...forfeiture, abandonment, eminent domain, estoppel, adverse possession, deed and devise," as purchases. Stabel v. Gertel, 111 N.J.L. 296, 297, 168 A. 645 (E. & A.1938), and Berger v. U. S. Steel Corp., 63 N.J.Eq. 809, 817, 53 A. 68 (E. & A.1962), state that lands are "purchased" whenever the......
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...affirmed 114 N.J.Eq. 116, 168 A. 424, (E. & A.1933); Stabel v. Gertel, 165 A. 876, 11 N.J.Misc. 247 (Sup.Ct.1933), affirmed 168 A. 645, 111 N.J.L. 296 (E. & A.1933). Moreover, it appears from the statement above quoted that it was intended that the provisions of the Act be retrospective as ......
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