Temple v. Sammis
The Superior Court of New York City
Appeal by defendant from judgment rendered on decision of a judge at special term. Action for the specific performance of a contract to purchase real estate.
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Appeal by defendant from judgment rendered on decision of a judge at special term. Action for the specific performance of a contract to purchase real estate. The plaintiffs contracted to sell, and the defendant to purchase, the premises known as 13 West Thirty-second street in this city, for the sum of $40,000. When the time came to close the title the defendant objected that the plaintiffs were not the owners of the fee, but only of a life estate, and refused to accept the deed tendered, whereupon the vendors brought this action. The plaintiffs derive their title from the will of their…
1Opinion of the Court
“Russell, J.
[After stating the facts as above.]— The plaintiffs’ counsel claims that the first clause of the will, above recited, devising the property in question to the daughters absolutely upon the death of their mother is controlling, and the intention indicated therein, so far as the property in question is concerned, ought not to be considered as limited by the latter clause.
“The defendant’s counsel claims that the latter clause of the will is controlling of the former and clearly evinces the intention of the testator to devise only a life estate in the property in question to his…
2Cases cited11 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Taggart v. . MurrayNew York Court of Appeals · 1873
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