Macomb v. Miller
New York Court of Chancery
This was an amicable suit for the specific performance of a contract for the purchase of lands. And the bill was filed for the sole purpose of obtaining a decision of the court upon the question whether the complainant, under the will of her father and by the death of her only child without issue, was the owner in fee simple of certain premises in New-York ; being the undivided moiety of five lots on Catharine-street, and of a house and lot on Cherry-street.
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This was an amicable suit for the specific performance of a contract for the purchase of lands. And the bill was filed for the sole purpose of obtaining a decision of the court upon the question whether the complainant, under the will of her father and by the death of her only child without issue, was the owner in fee simple of certain premises in New-York ; being the undivided moiety of five lots on Catharine-street, and of a house and lot on Cherry-street. The facts upon which the title of the complainant to the premises in question depended, as stated in the bill and admitted by the…
1Opinion of the Court
The Chancellor.
The whole difficulty in sustaining the complainant’s claim to an absolute estate in fee simple in the premises in question in this suit, arises from the executory'limitation over of the proceeds of the testator’s real estate to his collateral relatives, in case his daughter should die and leave no lawful issue. The previous clauses of the will gave to the complainant an estate for life in this portion of the testator’s property, with remainder in fee to her children in case she should have any. And he left the estate to pass to the children of his sisters, after the termination…
2Cited by4 opinions
- Carney v. KainWest Virginia Supreme Court · 1895
- Pinckney v. PinckneyNew York Surrogate's Court · 1850
- Flora v. AndersonU.S. Circuit Court for the District of Southern Ohio · 1895
- Tator v. TatorNew York Supreme Court · 1848