Legal Opinion

McGown v. . Barnum

New York Court of Appeals

Decided October 3, 1905PublishedCited by 1 opinion

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1904, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at Special Term.

1Per curiam

It is very unfortunate that so simple a matter as is the subject of this controversy should be the occasion of so much and such unnecessary litigation. It cannot be questioned that the interest the defendant Barnum took under his father’s will in the house and lot in the town of Middle-field was a vested remainder in fee and that his interest in the fund produced hy the sale of said lot was of the same character. That remainder was at all times alienable and devisable by said Barnum and his title thereto passed to the receiver appointed in supplementary proceedings. The present action to…

2Cited by1 opinion

  1. Barber v. BarnumAppellate Division of the Supreme Court of the State of New York · 1907

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