Coleman v. . Beach
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of the defendant, entered upon an order made November 10,' 1882, which directed judgment, upon a¡ case submitted without argument, requiring defendant to specifically perform a contract for the purchase of certain real estate. Plaintiff claimed title under' a conveyance from John H. Livingston as executor of the will of Mary Livingston De Peyster.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of the defendant, entered upon an order made November 10,' 1882, which directed judgment, upon a¡ case submitted without argument, requiring defendant to specifically perform a contract for the purchase of certain real estate. Plaintiff claimed title under' a conveyance from John H. Livingston as executor of the will of Mary Livingston De Peyster. In 1871 and 1874, J. Watts De Peyster executed two deeds, purporting to convey the property in question. The deeds were to said Mary Livingston…
1Opinion of the Court
Ruger, Ch. J.
The material questions in this case are: ■ First, whether Mary Livingston De Peyster took an estate in fee under the deed to her from J. Watts De Peyster and his wife in certain premises in the city of Eew York, or whether such estate was a life estate merely, with remainder in fee to the issue of the said grantee and her husband, Frederick De Peyster, Jr., and second, whether in the latter event there has been a valid execution of the power contained in the deed authorizing the said Mary to sell and convey the property in question and invest the proceeds for the purposes…
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