Hess v. . Hess
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 22, 1921, which unanimously affirmed an order of Special Term granting a motion by the purchaser at a judicial sale to be relieved from his purchase. Contingent remaindermen are not necessary parties defendant in an action for dower. (N. Y. Security Co. v. Schoenberg, 87 App.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 22, 1921, which unanimously affirmed an order of Special Term granting a motion by the purchaser at a judicial sale to be relieved from his purchase. Contingent remaindermen are not necessary parties defendant in an action for dower. (N. Y. Security Co. v. Schoenberg, 87 App. Div. 262; 177 N. Y. 556; Nodine v. Greenfield, 7 Paige, 544.) No good title can come through this so-called dower action and the contingent remainders of the grandchildren cannot be cut off…
1Opinion of the CourtCrane, J.
This action was brought by Katie B. Hess, the widow of Jacob Hess, to obtain her dower in a parcel of land in the village of Port Chester, county of Westchester.
Judgment was entered directing a sale of the premises, the widow having consented to accept a gross sum in satisfaction of her dower, pursuant to section 280 of the Real Property Law (Cons. Laws, ch. 50).
The objections to the title pressed upon the motion were stated as follows: “ There are in existence at the present time various grandchildren of said Jacob Hess and under the fifth paragraph of the .decedent’s will * * * it is…
2Cases cited13 opinions
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Mead v. . MitchellNew York Court of Appeals · 1858
- Asche v. . AscheNew York Court of Appeals · 1889
- In Re the Accounting of GordenNew York Court of Appeals · 1902
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3Cited by12 opinions
- McKnight v. Bank of New York & Trust Co.New York Court of Appeals · 1930
- Smith v. Title Guarantee & Trust Co.New York Court of Appeals · 1942
- In re the Accounting of BlakeNew York Supreme Court · 1955
- In re the Estate of HollandNew York Surrogate's Court · 1974
- In re the Estate of SilverNew York Surrogate's Court · 1973
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