McGarry v. McMahon
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Houghton, J.:
The plaintiff agreed to convey to the defendant certain real property and the defendant refused to accept the conveyance on the ground that the title was not marketable, in that the administrator with the will annexed of Catherine Striegel, deceased, a former owner, had no power to convey.
The stipulated facts show that Catherine Striegel. died seized of the property in question in January, 189.4, leaving a last will and testament which was duly admitted to probate.' An executor and executrix were named in the will. The executor died prior to the testatrix, and the • executrix…
2Cases cited2 opinions
- Mott v. . AckermanNew York Court of Appeals · 1883
- Carpenter v. BonnerAppellate Division of the Supreme Court of the State of New York · 1898