Cotton v. . Burkelman
New York Court of Appeals
Appeal from order of the General Term of the Superior-Court of the city of Rew York, made January 3,1893, which reversed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Special Term and ordered a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. The infant cannot be divested of his ownership of these lands under the power in question. (Hetzel v. Barber, 69 N. Y. 1 ; Code Civ.
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Appeal from order of the General Term of the Superior-Court of the city of Rew York, made January 3,1893, which reversed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Special Term and ordered a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. The infant cannot be divested of his ownership of these lands under the power in question. (Hetzel v. Barber, 69 N. Y. 1 ; Code Civ. Pro. § 2348 ; Horton v. McCoy, 47 N. Y. 26.) Mary E. Cotton having died prior to the making of the contract the power given to…
1Opinion of the CourtFinch, J.
This action was brought by the vendor of real estate for a specific performance of a contract of sale, and the defense of the vendee is that the vendor cannot convey a good title to the property. That defense depends entirely upon the construction of the will of German Cotton, who gave to his; wife, Margaret, a life estate in the land, with remainder in fee-to his adopted daughter, Mary. She married, and has since died, leaving a son, Edwin Talbot, in whom the remainder in fee has vested. The widow, Margaret, was made sole executrix and the will proceeds thus : “ With full power to sell and…
2Cases cited1 opinion
- Sweeney v. . WarrenNew York Court of Appeals · 1891
3Cited by4 opinions
- Leverett v. BarnwellMassachusetts Supreme Judicial Court · 1913
- Manion v. Peoples Bank of JohnstownNew York Court of Appeals · 1944
- Brooklyn Trust Co. v. LesterAppellate Division of the Supreme Court of the State of New York · 1933
- Odell v. ClaussenAppellate Division of the Supreme Court of the State of New York · 1907