Upington v. Corrigan
New York Supreme Court
Appeal from circuit court, New York county. Action by Marie T. Upington against Michael A. Corrigan and others. There was a judgment in favor of plaintiff and defendant Pooler, and defendant Corrigan appeals.
1Opinion of the CourtBarrett, J.
All but two of the questions now presented were decided adversely to the defendants upon the previous appeal. 69 Hun, 320, 23 M Y. Supp. 451. The defendants’ main contention upon the present appeal is that the right of action for breach of the condition subsequent passed under the will of Mary McDonough Davey to her devisees, and, consequently, that the plaintiff, claiming as heir at law, must fail. It is conceded that this position would not be tenable at common law, but the appellant insists that our statute of wills is broad enough to cover such a devise. There can be no doubt that, under…
2Cases cited9 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Pond v. BerghNew York Court of Chancery · 1843
- Ruch v. Rock IslandSupreme Court of the United States · 1878
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
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3Cited by3 opinions
- Moore v. SharpeSupreme Court of Arkansas · 1909
- Ostrander v. ReisAppellate Division of the Supreme Court of the State of New York · 1910
- Linda Moroney v. St. John Missionary Baptist Church, Inc., AKA St. John Missionary Baptist Church, as Successor and Assignee of St. John Colored Baptist Church, Texas Court of Appeals, 14th District (Houston)2021