Dodge v. . Stevens
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 29, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 29, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to have certain lands situate in Sullivan county adjudged to be the lands of the plaintiff, and that she be awarded possession thereof; also to restrain the foreclosure of a mortgage thereon, executed by defendant Thompson to defendant Stevens, and to have the same canceled of record. The father of the plaintiff died in 1869, leaving a will…
1Opinion of the CourtAndrews, J.
Under the will of John P. Dodge, the mother of the plaintiff took a fee in the farm upon which the testator resided at the time of his death, determinable upon her remarriage, and the plaintiff a contingent fee depending upon the happening of that event. The mother having remarried February 6, 1879, and thereby the contingency having happened upon which the fee was to vest in the daughter, the latter thereupon became seized of an absolute estate in the farm, unless her contingent estate under the will was' divested by the proceedings instituted in 1870, under the statute for the sale of the…
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- Parsons v. BowneNew York Court of Chancery · 1838
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3Cited by14 opinions
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