Kelso v. . Lorillard
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered, upon an order made March 1,-1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at' Special Term! (Reported below, 9 Daly, 800.) This action was brought to compel the specific performance of a contract for the sale by plaintiff and purchase by defendant of certain lands.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered, upon an order made March 1,-1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at' Special Term! (Reported below, 9 Daly, 800.) This action was brought to compel the specific performance of a contract for the sale by plaintiff and purchase by defendant of certain lands. Defendant refused to complete the purchase .on the ground of defect of title. Louisa W. Cuming died seized of the premises in question, they having been…
1Opinion of the CourtMiller, J.
The question to be determined in this case depends upon the construction to be placed upon the will of Mrs. Cuming, the sister of the plaintiff, so far as it disposes of her property upon the death of her son. The will devised the estate to him after her husband’s death, and provided that if he died unmarried, without issue, before he was twenty-one years of age, she- gave and devised to her two sisters, Leonora Van Antwerp and Estherina Fisher, “ all the estate given to me by my mother, of every name, nature and kind, and also all my silver and plated ware and parlor clocks, to be equally…
2Cases cited4 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Moore v. LyonsNew York Supreme Court · 1840
- Woodgate v. . FleetNew York Court of Appeals · 1870
- Sheridan v. HouseNew York Court of Appeals · 1868
3Cited by15 opinions
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- In re Moran's WillWisconsin Supreme Court · 1903
- In re the Estate of MarshNew York Surrogate's Court · 1932
- L'Etourneau v. HenquenetMichigan Supreme Court · 1891
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