Freeborn v. Wagner
New York Supreme Court
1ST the 19th day of January, 1860, James Cutwater made in due form of law his last will and testament, which has been duly admitted to probate by the surrogate of the county of Dutchess, as a will relating to both real and personal property. . By the “ First ” clause of this will, the testator provides as follows : “ I give, devise and bequeath all my real and personal property and estate of ev.ery nature and kind, to my dearly beloved wife Eliza C. Outwater, (now the…
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1ST the 19th day of January, 1860, James Cutwater made in due form of law his last will and testament, which has been duly admitted to probate by the surrogate of the county of Dutchess, as a will relating to both real and personal property. . By the “ First ” clause of this will, the testator provides as follows : “ I give, devise and bequeath all my real and personal property and estate of ev.ery nature and kind, to my dearly beloved wife Eliza C. Outwater, (now the plaintiff Freeborn) and to my beloved daughter Sarah Augusta Out-water, (now the plaintiff Vedder) each the equal one half…
1Opinion of the Court
By the Court, Gilbert, J.
It is against the rule of courts of equity, to compel a purchaser, on a bill for a specific performance, to take a doubtful title ; in other words, to buy a *54law suit. We have, therefore, looked into the title, which these plaintiffs tendered to the defendant, with scrutiny; and, upon full consideration, we are of the opinion that it is free from legal objection.
James Cutwater devised to each of the plaintiffs, one equal half part of his estate, subject to these restrictions, namely, that each of the devisees is vested with a power of testamentary disposition,…
2Cases cited3 opinions
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Lawrence v. BayardNew York Court of Chancery · 1838
- Dickerman v. AbrahamsNew York Supreme Court · 1854
3Cited by4 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Hershey v. Meeker County BankSupreme Court of Minnesota · 1898
- Cutting v. CuttingNew York Supreme Court · 1880
- McLoughlin v. MaherNew York Supreme Court · 1879