Summers v. Burtis
New York Court of Chancery
Bill for specific performance. John Weeks, the father of the plaintiff, died prior to the seventh day of April one thousand seven hundred and eighty-one seized in fee simple of a certain house and lot of land (containing about twenty acres) in the occupation of the plaintiff and also of a piece of woodland of ten acres, all in the town of Oysterbay in the county of Queens. He had made his will, attested so as to pass real estate.
Read the full summary
Bill for specific performance. John Weeks, the father of the plaintiff, died prior to the seventh day of April one thousand seven hundred and eighty-one seized in fee simple of a certain house and lot of land (containing about twenty acres) in the occupation of the plaintiff and also of a piece of woodland of ten acres, all in the town of Oysterbay in the county of Queens. He had made his will, attested so as to pass real estate. In it he bequeathed to his wife Rebecca Weeks “ the use of all the houses and lands that I give to my daughter Jane Weeks, during her widowhood, and all my household…
1Opinion of the Court
The Court. McCoun, Justice :
On the sixth of April one thousand eight hundred and forty-eight an agreement in writing was entered into between the plaintiff and the defendant in this suit, by which the former agreed to sell and the latter agreed to purchase a tract of land in the village of Oysterbay in the county of Queens, at the price of sixty-five dollars per acre, which, upon a survey, was found to contain about twenty-four acres and a half. On the twelfth of May one thousand eight hundred and forty-eight the plaintiff tendered to the defendant a deed, conveying the land to him; and which…
2Cited by2 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Sewell v. . UnderhillNew York Court of Appeals · 1910