Smith v. . Secor
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8j 1898, reversing an order of the Special Term refusing to relieve Irving Baclirach from his purchase of certain premises upon a sale thereof in partition.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8j 1898, reversing an order of the Special Term refusing to relieve Irving Baclirach from his purchase of certain premises upon a sale thereof in partition. Mary A. Secor died June 14th, 1894, seized and possessed of valuable real estate in the city of Hew York, the residuum of which by her will she divided into seven parts, and devised six thereof to her executors in trust, to hold one for each of her children. She provided that the trust should continue during the lives of her…
1Opinion of the CourtVann, J.
We agree with the learned Appellate Division in its construction of the will and the reasons given therefor, but as it is urged by the appellant that the judgment in partition made the title marketable, although there was no actual right to partition, we will briefly express our views upon that subject.
In Kilpatrick v. Barron (125 N. Y. 751) the validity of a title tendered under an ordinary contract to sell real estate depended upon the construction of a will, and one question was as to whether descendants of children of the testator, born after his death and prior to the time appointed for…
2Cases cited5 opinions
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Kilpatrick v. BarronNew York Court of Appeals · 1891
- Ebling v. . DreyerNew York Court of Appeals · 1896
- Kirk v. . KirkNew York Court of Appeals · 1893
3Cited by8 opinions
- Stock v. MannNew York Court of Appeals · 1930
- In Re Estate of SowashCalifornia Court of Appeal · 1923
- Merges v. . RinglerNew York Court of Appeals · 1899
- Mennig v. GravesSupreme Court of Iowa · 1931
- Harrison v. McAdamNew York Supreme Court · 1902
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