Viele v. . Keeler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendant, entered upon an order made February 4, 1891, upon a case submitted under section 1279 of the Code of Civil Procedure. The nature of the action and the facts, so far as material, .are stated in the opinion. An expressed intention to alter a will in one particular, negatives by implication an intention to alter it in any other respect.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendant, entered upon an order made February 4, 1891, upon a case submitted under section 1279 of the Code of Civil Procedure. The nature of the action and the facts, so far as material, .are stated in the opinion. An expressed intention to alter a will in one particular, negatives by implication an intention to alter it in any other respect. (9 Cush. 291, 295, 296.) The will and codicils are to be read together, and, so far as may reasonably be, as if they were one instrument.…
1Opinion of the CourtO’Brien, J.
On the 10th day of July, 1890, the plaintiff, by an instrument in writing, agreed to convey and the defendant to purchase for the sum of $15,000 the undivided half of certain real estate situated in the city of Albany and particularly described in the record. The plaintiff stipulated on his part to execute and deliver to the defendant on or before the first day of September thereafter a warranty deed of the premises with the usual full covenants, which would be sufficient to vest in the defendant ah estate in fee simple absolute, free and clear of all liens and encumbrances. Within the time…
2Cases cited2 opinions
- Austin v. . OakesNew York Court of Appeals · 1890
- Redfield v. . RedfieldNew York Court of Appeals · 1891
3Cited by13 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Ely v. . MegieNew York Court of Appeals · 1916
- Goodwin v. . CoddingtonNew York Court of Appeals · 1897
- Russell v. HartleySupreme Court of Connecticut · 1910
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