Mott v. . Ackerman
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the first judicial department, entered upon an order made January 11, 1882, which affirmed a judgment in favor of plaintiff upon a decision of the court on trial at Special Term.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the first judicial department, entered upon an order made January 11, 1882, which affirmed a judgment in favor of plaintiff upon a decision of the court on trial at Special Term. This action was brought to compel a specific performance of a contract for the purchase of two pieces of real estate in the city of Hew York, the one being Ho. 545 Broadway, and 116 Mercer street, the other Ho. 23 West Thirty-fourth street. Ho question is made as to the validity or sufficiency of the contract of purchase. The property was sold at…
1Opinion of the CourtFinch, J.
The validity of the title tendered to the purchaser in performance of the contract of sale depends, primarily, upon the construction of the will of Henry Mott, and those, respectively, of his three daughters. As to that of the father it is objected that the power of appointment by will, conferred upon such of them as should die unmarried and without issue, did not extend to and embrace the fee of any of his real estate. It had that effect or none. The daughters had each a life estate under a trust vested in the executors. Upon their deaths, or that of any one of them, the remainder in fee was…
2Cases cited4 opinions
- Wager v. . WagerNew York Court of Appeals · 1882
- Hood v. . HoodNew York Court of Appeals · 1881
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Roome v. . PhilipsNew York Court of Appeals · 1863
3Cited by60 opinions
- Graves v. United StatesSupreme Court of the United States · 1893
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
- In Re Estate of DwyerCalifornia Supreme Court · 1911
- Boland v. TiernaySupreme Court of Iowa · 1902
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