Surdam v. . Cornell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 9, 1886, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 9, 1886, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion. If at the death of the testator (the time when the estates were created), there was a possibility of the power of alienation being suspended beyond the statutory limit, the devise to that extent is void. (Ward v. Ward, 105 N. Y. 14; Hawley v. James, 16 Wend. 120; 4…
1Opinion of the CourtHaight, J.
This action was brought for the partition of real estate.
The facts are undisputed and are, in substance, as follows: Abel Cornell died on the 23d day of September, in the year 1860, leaving a last will and testament, which has been duly proved and admitted to probate. At the time of his death he was seized and possessed of the real estate in controversy, and left him surviving Aner Cornell, his widow, and six children; that in November, 1880, his widow died, and, prior to her ■death, two of the children, to wit, Thomas Avery Cornell and Fanny Guyon, died intestate, each leaving children; that…
2Cases cited3 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Moore v. LittelNew York Supreme Court · 1863
3Cited by4 opinions
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- Conger v. LoweIndiana Supreme Court · 1890
- Carter v. Reserve Gas Co.West Virginia Supreme Court · 1919
- Chandler v. KronNew York Supreme Court · 1920