Knight v. Weatherwax
New York Court of Chancery
The bill in this cause was filed for the specific performanee of a contract. In 1835, Hannah Hidely being the owner of the premises in question, the undivided half of two houses and lots in the city of Troy, made her will in due form to pass real and personal estate, and thereby devised her interest in the premises as follows : “ 1 give, devise and bequeath to my daughters, Catherine, Elizabeth, and Hannah, and to their heirs respectively, my houses and lots lying in the 6th…
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The bill in this cause was filed for the specific performanee of a contract. In 1835, Hannah Hidely being the owner of the premises in question, the undivided half of two houses and lots in the city of Troy, made her will in due form to pass real and personal estate, and thereby devised her interest in the premises as follows : “ 1 give, devise and bequeath to my daughters, Catherine, Elizabeth, and Hannah, and to their heirs respectively, my houses and lots lying in the 6th ward of the city of Troy, subject to pay to my executors such sums of money as will be sufficient to pay my debts, if…
1Opinion of the Court
The Chancellor.
Upon the facts stated in the bill, and ascertained by the report of the master, I think there was a sufficient part performance of the parol agreement, to sell the premises to the complainant, to take the case out of the statute of frauds; or in other words, to bring it within the saving provision of the statute. (2 R. S. 135, § 10.) If the master’s conclusion was correct as to the construction of the will, these defendants have no interest whatever in the premises contracted to be sold; in which case the bill should be dismissed with costs, on the ground that they were…
2Cited by8 opinions
- In Re Estate of DwyerCalifornia Supreme Court · 1911
- Chadwick v. TatemMontana Supreme Court · 1890
- Haywood v. . DavesSupreme Court of North Carolina · 1879
- In re BartlesNew Jersey Court of Chancery · 1880
- Nutzhorn v. SittigNew York Supreme Court · 1901
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