Olmsted v. Olmsted
Headline: Children born from an out-of-state marriage are denied shares in New York land as the Court upholds New York’s refusal to apply a Michigan law that would legitimize them and alter vested land titles.
Holding: The Court held that New York courts are not required to give effect to Michigan’s legitimating law or divorce proceedings so as to change title to land situated in New York, and affirmed the judgment denying the sons’ claim.
- States need not apply other States' laws to change title to land located in their State.
- Children legitimized elsewhere cannot inherit New York land if interests vested earlier.
Summary
Background
Silas Olmsted, a New York resident, left land in New York by a will that gave a life interest to his son Benjamin and the remainder to Benjamin’s lawful children. Benjamin first married Mary Jane in New York and later went through a marriage ceremony in New Jersey with Sarah Louise Welchman without divorcing Mary Jane. Two sons from that later union, John H. and William H. Olmsted, were born in New Jersey. Benjamin later moved to Michigan, obtained a Michigan divorce from Mary Jane by publication, and remarried Sarah in Michigan. Michigan had passed an 1881 law saying children born before their parents’ later marriage became legitimate when the parents married. New York courts denied the two sons a share in the New York land.
Reasoning
The central question was whether New York must give effect to Michigan’s law or Michigan court action so those sons could share in the New York property. The Court explained that the law of the State where the land lies controls who takes land and how it passes. Full faith and credit does not let one State’s laws or judgments change title to land situated in another State. Michigan could not, by statute, alter who owned land in New York. The Supreme Court therefore affirmed the New York court’s judgment refusing to apply the Michigan law to disturb vested New York interests.
Real world impact
The decision leaves New York land titles governed by New York law and protects vested property rights from being altered by later laws of other States. People seeking inheritance rights must look to the law of the State where the land is located, not only to actions or statutes of other States.
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