Temple v. . Sammis
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 6, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. (Reported below, 16 J. & S. 324.) This action was brought to compel a specific performance by defendant of a contract to purchase certain premises known as lot No. 13 West Thirty-second street, in the city of New York.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 6, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. (Reported below, 16 J. & S. 324.) This action was brought to compel a specific performance by defendant of a contract to purchase certain premises known as lot No. 13 West Thirty-second street, in the city of New York. Defendant refused to complete the contract because of an alleged defect in the title. Plaintiffs were daughters of Pierre K, Francis,…
1Opinion of the CourtRapallo, J.
We are clearly of opinion that under the will of Pierre K. Francis, deceased, his daughters Emma and Virginia took estates in remainder, in fee simple, in the house and lot in Thirty-second street, limited upon the death of the testator’s wife, to whom a life estate was given.
All the residue of the testator’s real estate he devised, subject to the dower of his wife, to his two above-named daughters for life, for their separate use, free from the control of their husbands, with remainder to their issue. The interjection in this devise of the residue, of the words, “and all other property given…
2Cited by2 opinions
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