Eagle Fire Insurance v. Cammet
New York Court of Chancery
An application wás made to compel John Bonsall to make good his purchase of premises which had been sold under a decree of this court in a foreclosure suit. The premises had been conveyed By the complainants to Moses Cammet and Amaziah Turner and a mortgage was given back for a part of the purchase money. Some months afterwards, Turner conveyed his undivided half-part to Moses Cammet. The latter made his Will; and, died.
Read the full summary
An application wás made to compel John Bonsall to make good his purchase of premises which had been sold under a decree of this court in a foreclosure suit. The premises had been conveyed By the complainants to Moses Cammet and Amaziah Turner and a mortgage was given back for a part of the purchase money. Some months afterwards, Turner conveyed his undivided half-part to Moses Cammet. The latter made his Will; and, died. By this will he gave as follows : “ After all my just debts be paid and discharg- “ ed, I give and bequeath unto my beloved wife, Cynthia “ Cammet, all my estate, both real…
1Opinion of the Court
The Vice-Chancellor:
As a general rule it is sufficient to bring before the court the first person in being who has a vested estate of inheritance together with those claiming the prior interests (for instance, a tenant for life) and omitting those who may claim in remainder or reversion after such vested estate of inheritance : Mitf. 173. A decree against the party having that estate of inheritance will bind those in remainder or who in any way come afterwards; and (in proof of this) they have a right of appeal from a decree made against the person having the prior estate t Giffard v. Hort, 1…
2Cited by4 opinions
- Shackelford v. BullockSupreme Court of Alabama · 1859
- Goebel v. IfelaNew York Supreme Court · 1888
- Gragg v. GraggNew York Supreme Court · 1905
- Gray v. BarnardCourt of Appeals of Tennessee · 1873