McCormack v. Coddington
Appellate Division of the Supreme Court of the State of New York
Appeal by the'defendants, Charles E. Coddington and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 29th.day of March, 1905, upon the decision of the court rendered after a trial at the New York Special Term.
1Dissent
O’Brien, P. J. (dissenting):
I dissent from the conclusion reached by the majority of the court.
*747Margaret Clifford acquired the land in question hy purchase, and at the time of her death in 1882, section 4 of chapter 115 of the Laws of 1845 (as amd. by Laws of 1875, chap. 38) was in force. This statute gave to her alien heirs, whether resident or non-resident (Smith v. Smith, 70 App. Div. 286; Goodrich v. Russell, 42 N. Y. 177), the right to take and hold their share of her real property, subject to escheat at the instance of the State in an appropriate action brought by it for that purpose,…
2Cases cited5 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Goodrich v. . RussellNew York Court of Appeals · 1870
- Jackson, ex rel. Smith v. AdamsNew York Supreme Court · 1831
- Snow v. MonkAppellate Division of the Supreme Court of the State of New York · 1903
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1902