Miller v. Macomb
New York Supreme Court
PPEAL from Chancery. Mary C. P. Macomb filed a bill against Justus D. Miller for the specific performance of an agreement whereby the complainant contracted to sell and convey in fee, and the defendant contracted to purchase, certain real estate situate in the city of New-York, which contract defendant refused to carry into effect, alleging that the complainint had not a title in fee.
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PPEAL from Chancery. Mary C. P. Macomb filed a bill against Justus D. Miller for the specific performance of an agreement whereby the complainant contracted to sell and convey in fee, and the defendant contracted to purchase, certain real estate situate in the city of New-York, which contract defendant refused to carry into effect, alleging that the complainint had not a title in fee. The property in question was formerly owned by Elijah Pell, the father of the complainant, who, by one clause in his last will and testament, devised a moiety of a house and lot in Cherry-street to his daughter,…
1Opinion of the Court
When this cause was called up for decision:
*234Mr. Justice Cowen, after stating the facts of the case, observed, that the executory devise limited to take effect, in case Mary should die and leave no lawful issue, was bad, the contingency being too remote, as it was not to take place until after an indefinite failure of issue. But, he observed, it has been said, that though the remainder vested in fee in the daughter of Mary immediately upon the birth of that daughter, still it was subject to open and let in after-born children as tenants in common. As to which, he said, it appeared from the bill…
2Cases cited1 opinion
- Hannan v. OsbornNew York Court of Chancery · 1834
3Cited by13 opinions
- Johnson v. PrestonIllinois Supreme Court · 1907
- Hellreigel v. . ManningNew York Court of Appeals · 1884
- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Proprietors of the Church in Brattle Square v. GrantMassachusetts Supreme Judicial Court · 1855
- Pinckney v. PinckneyNew York Surrogate's Court · 1850
8 more not listed; retrieve them via the Exa API.