Byrnes v. . Baer
New York Court of Appeals
Appeal from judgment of the General ¿Term of the Supreme Court, in the first judicial department, in favor of defendant, entered upon an order made April 7, 1880, on a case submitted under sections 1279 and 1281 of the Code of' Civil Procedure. Plaintiff contracted to sell to defendants certain lands; the latter refused to complete the pmchase because of alleged defect of title.
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Appeal from judgment of the General ¿Term of the Supreme Court, in the first judicial department, in favor of defendant, entered upon an order made April 7, 1880, on a case submitted under sections 1279 and 1281 of the Code of' Civil Procedure. Plaintiff contracted to sell to defendants certain lands; the latter refused to complete the pmchase because of alleged defect of title. The facts submitted were substantially these: In 1867 Joseph Jacobs died seized of the lands in question, leaving a will executed in 1857, which, after providing for the payment of his debts, etc., contained the…
1Opinion of the CourtAndrews, J.
The Bevised Statutes (2 R. S. 57, § 5) declare that “ every will that shall be made by a testator, in express terms, of all Ms real estate, or in any other terms denoting his intent to devise all Ms real property, shall be construed to pass all the real'estate which he was entitled to devise at the time of Ms death.” This enactment changed the rule which theretofore existed, that a devise could not operate upon lands acquired by a testator after the making of the will without a republication, however clearly such intent was expressed in the testamentary instrument. In Butler’s Case (3 Co.…
2Cases cited1 opinion
- Vail v. VailNew York Court of Chancery · 1834
3Cited by14 opinions
- Lamb v. . LambNew York Court of Appeals · 1892
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
- Salisbury v. . SladeNew York Court of Appeals · 1899
- Schult v. . MollNew York Court of Appeals · 1892
- Mills v. ThompkinsAppellate Division of the Supreme Court of the State of New York · 1905
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