Dunshee v. Goldbacher
New York Supreme Court
THIS was a controversy submitted to the court, without action, under section 372 of the Code of Procedure, upon the following statement of facts: In July, 1868, an agreement in writing, and under seal, was entered into between the above named plaintiff and the above named defendant, whereby the plaintiff sold to the defendant three certain lots of land, with the buildings thereon, situate on the south side of 143d street, in the city of Hew York, together bounded, beginning…
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THIS was a controversy submitted to the court, without action, under section 372 of the Code of Procedure, upon the following statement of facts: In July, 1868, an agreement in writing, and under seal, was entered into between the above named plaintiff and the above named defendant, whereby the plaintiff sold to the defendant three certain lots of land, with the buildings thereon, situate on the south side of 143d street, in the city of Hew York, together bounded, beginning at a point 500 feet west of Eleventh avenue, (or 475 feet west of the new drive or boulevard, so called,) thence running…
1Opinion of the Court
By the Court,
Sutherland, J.
Notwithstanding the devise and bequest in words, by the second clause of the will of Samuel Dunshee, to his executors and executrix, of all his estate, real and personal, his real estate on his death vested in his four sons, John, William ¡K., James and Henry W., subject to the gift by the third clause to his wife of one-third of the income of his estate during her widowhood, and which gift as to his real estate was, in substance and effect, a devise of one-third of his real estate to her during her widowhood. The power of sale given to the executors by the fourth…
2Cases cited1 opinion
- Richardson v. SharpeNew York Supreme Court · 1859