Monarque v. . Monarque
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, requiring Samuel W. Woolsey, a purchaser at partition sale herein to complete his purchase. (Eeported below, 19 Hun, 332.) The facts appear sufficiently in the opinion. The Supreme Court had no jurisdiction to grant the decree in the suit for the construction of the will.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, requiring Samuel W. Woolsey, a purchaser at partition sale herein to complete his purchase. (Eeported below, 19 Hun, 332.) The facts appear sufficiently in the opinion. The Supreme Court had no jurisdiction to grant the decree in the suit for the construction of the will. (King v. Poole, 26 Barb., 244; 1 id., 286; 1 id., 37; Lanning v. Carpenter, 23 id., 402; Schoonmaker v. Clearwater, 41 id., 200; Chambers v. Clearwater, 38 N. Y., 310; Edwards v. Russell, 21…
1Opinion of the CourtAndrews, J.
We are of opinion that the purchaser should not bo compelled to complete his purchase.
Jeremiah H. Monarque died in 1864, seized of the premises sought to be partitioned in this action, leaving a widow and four daughters, and several grandchildren, the children of two of the daughters surviving him. By the first clause of his will he gave to his wife the use of all his real and personal estate during her life. The second clause is as follows: “I give and bequeath the income arising from my
estate to my daughters, Ellen Requa, Louisa Dixon,Eliza and Mary, tobe divided between them, share and…
2Cases cited5 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Post v. . HoverNew York Court of Appeals · 1865
- Bowers v. SmithNew York Court of Chancery · 1843
- Mead v. . MitchellNew York Court of Appeals · 1858
- Clarke v. . SawyerNew York Court of Appeals · 1849
3Cited by79 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Pray v. . HegemanNew York Court of Appeals · 1885
- Scott v. WestWisconsin Supreme Court · 1885
- Mellen v. . MellenNew York Court of Appeals · 1893
- Ward v. . WardNew York Court of Appeals · 1887
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