Brown v. . Gardner
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 15, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 15, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. A conditional limitation in behalf of the plaintiff, Charles J. Brown, was created by the will of James Whitney, whereby in the event of the death of Charles J. Brown, without issue him surviving, said defendants will become owners of the fee. (Chapman v. Moulton, 8 App. Div. 64; Becker v. Becker, 22 App. Div. 234; Matter of Cramer,…
1Opinion of the Court
His cock, Ch. J.
This action was brought for the purpose in effect of settling the title to real estate by having it decided that the plaintiff was the owner in fee thereof and that certain contingent claims made by defendants thereto were without foundation. The decision of the issues presented involves the construction of a will, it being claimed by plaintiff that thereunder he has become vested with the title in fee simple to the premises in question, while the defendants claim that he has only a conditional estate liable to be terminated by his death without issue and that they now have a…
2Cases cited6 opinions
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Avery v. . EverettNew York Court of Appeals · 1888
- Matter of N.Y., L. W.R. Co.New York Court of Appeals · 1887
- Nellis v. . NellisNew York Court of Appeals · 1885
- Buel v. . SouthwickNew York Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of EvansNew York Surrogate's Court · 1937
- Dunkel v. Homindustries, Inc.New York Court of Appeals · 1937
- In re the Final Judicial Settlement of the Account of Proceedings of United States Mortgage and Trust Co.Appellate Division of the Supreme Court of the State of New York · 1929
- In re the Estate of GoetzNew York Surrogate's Court · 1942
- In re the Estate of KellyNew York Surrogate's Court · 1932
3 more not listed; retrieve them via the Exa API.