Cooke v. Doron

Citations

• 215 Pa. 393
• 64 A. 595
• 1906 Pa. LEXIS 807

Syllabus

<p>Husband and wife — Curtesy—Title by descent — Alien husband — Act of February 23, 1791, 3 Sm. L. 4.</p> <p>Under the Act of February 23, 1791, 3 Sm. L. 4, which provides “that alien citizens shall be capable of acquiring or taking by devise or descent, lands and other real property within this Commonwealth in the same manner as citizens of this state may or can do,” an alien husband is entitled as tenant by the curtesy to the real estate, or any interest therein, of which the wife died seized.</p> <p>A tenancy by the curtesy is a tenancy by descent and not by purchase, within the meaning of the word “descent” as used in the act of February 23, 1791.</p>