Johnston v. . Spicer
New York Court of Appeals
Appeal by Henry Spicer and others, defendants, from order of the General Term of the Supreme Court in the first judicial department, made December 31, 1886, which reversed an order of Special Term directing as to the disposition of surplus, money arising, on foreclosure sale herein. The material facts are stated in the opinion.
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Appeal by Henry Spicer and others, defendants, from order of the General Term of the Supreme Court in the first judicial department, made December 31, 1886, which reversed an order of Special Term directing as to the disposition of surplus, money arising, on foreclosure sale herein. The material facts are stated in the opinion. Marriage settlements-were assumed by the legislature, in making the revision of 1830, as an existing mode of providing for the necessities, of families. (Willard on Real Estate, 274; 1R.S. 727-732.) All such contracts made before 1849 remain in full force. (Laws of…
1Opinion of the Court
Ruger, Ch. J.
The controversy in this case arises, among-the heirs of one George Spicer, over the distribution of surplus monevs accruing from a sale of lands under a mortgage foreclosure, and depends for its settlement mainly upon the effect to be given to a contract made between Spicer and one. Ellen Dounagha on June 29, 1847, in contemplation of their marriage.
The appellants claim as legal heirs of George Spicer, and the respondents, who were also a portion of his heirs, claim the exclusive right to these moneys by virtue of a release-from the State, of the interest said to have accrued to…
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