McDonald v. . O'Hara
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, made October 15, 1894, which, affirmed an order of Special Term, which denied a motion by plaintiff to continue a temporary injunction restraining defendant from executing the power of sale contained in the will of John T. McDonald, deceased. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, made October 15, 1894, which, affirmed an order of Special Term, which denied a motion by plaintiff to continue a temporary injunction restraining defendant from executing the power of sale contained in the will of John T. McDonald, deceased. The nature of the action and the facts, so far as material, are stated in the opinion. Under the fourth item of the will an equitable conversion of the real property is created, and as the terms of this item are directory, the fee of the property is not vested in the…
1Opinion of the CourtHaight, J.
This action was brought for the partition of real estate.
It appears that John T. McDonald, late of the city of Hew York, died in the month of May, 1891, leaving him surviving six sisters, of which the plaintiff was one, together with Thomas F. McDonald, John P. McDonald and James A. McDonald, children of a deceased brother, Patrick McDonald; that he left a last will and testament which had been duly proved and admitted to probate, in which it was provided in the fourth item thereof that, “All the rest, residue and remainder of my estate, real and personal, I hereby direct and empower my said…
2Cases cited2 opinions
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Delafield v. . BarlowNew York Court of Appeals · 1887
3Cited by25 opinions
- Bank of Ukiah v. RiceCalifornia Supreme Court · 1904
- Givens v. OttSupreme Court of Missouri · 1909
- Williams v. LobbanSupreme Court of Missouri · 1907
- Taber v. WilletsAppellate Division of the Supreme Court of the State of New York · 1896
- Gilbreath v. CosgroveMissouri Court of Appeals · 1916
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