Wright v. Mayer
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The facts are stated in the opinion of Ingbaham, J.
1Opinion of the Court
Rumsey, J. :
I concur in the result reached hy Justice Ingraham in this case, but not upon the grounds stated in his opinion. I think the defendant should have judgment in this matter because the condition was valid, and, therefore, the plaintiff cannot give title under her contract.
At the time of the making of the will and at the time of the death of the testator, Mrs. Wright, then Mrs. Wightman, lived separate from her husband. So long as she did so she would not only have entire control of the title, but the sole right to occupy the premises and absolute control of its management. If,…
2Cases cited7 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Kilpatrick v. BarronNew York Court of Appeals · 1891
- Abbott v. . JamesNew York Court of Appeals · 1889
- Whiton v. SnyderNew York Supreme Court · 1889
- Cooper v. RemsenNew York Court of Chancery · 1821
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In re the Judicial Settlement of the Account of KelleyAppellate Division of the Supreme Court of the State of New York · 1928
- In re the Judicial Settlement of the Intermediate Account of HaightAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of ForteNew York Surrogate's Court · 1933
- Oliver v. WellsAppellate Division of the Supreme Court of the State of New York · 1930
- Dwyer v. KuchlerNew Jersey Court of Chancery · 1934
11 more not listed; retrieve them via the Exa API.