Brevoort v. . Brevoort
New York Court of Appeals
Appeal by Richard H. Buel, purchaser, from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, directing said purchaser to complete his purchase made at a sale under judgment herein. This was ail action of partition. The premises in question being a farm, situated in the city of Brooklyn, and formerly owned by William Lefferts, deceased.
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Appeal by Richard H. Buel, purchaser, from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, directing said purchaser to complete his purchase made at a sale under judgment herein. This was ail action of partition. The premises in question being a farm, situated in the city of Brooklyn, and formerly owned by William Lefferts, deceased. He died March 22d, 1847, leaving a will, which was duly admitted to probate. By it the testator devised a life interest in the undivided half of the farm to his widow, provided she remained…
1Opinion of the CourtAlees, J.
The plaintiff has a present estate per autre vie in an undivided portion of the premises, the subject of the partition and sale, and contingent remainders in fee in two several undivided parts of the same premises. Every other person in being, having a present or future estate in the premises, whether vested or contingent, is a party defendant in the action, and concluded by the judgment, and the salo under it. Homy L. Brevoort, the son of Mrs. Brevoort, the devisee for life under the will of Leifert Lefferts, who is presumptively entitled to the next eventual estate in the lands upon the…
2Cases cited5 opinions
- Mead v. . MitchellNew York Court of Appeals · 1858
- Nodine v. GreenfieldNew York Court of Chancery · 1839
- Blakeley v. . CalderNew York Court of Appeals · 1857
- Smith v. SmithNew York Court of Chancery · 1843
- Clemens v. . ClemensNew York Court of Appeals · 1867
3Cited by14 opinions
- Letcher v. AllenSupreme Court of Alabama · 1913
- Hess v. . HessNew York Court of Appeals · 1922
- Parish v. . ParishNew York Court of Appeals · 1903
- Walther v. RegnaultNew York Supreme Court · 1890
- Bachscheider v. Bachscheider, Court of Common Pleas of Ohio, Hamilton County1921
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