Campbell v. . Stokes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12,1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term overruling a demurrer to defendants’ counterclaim, sustaining said counterclaim and directing judgment in favor of defendants.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12,1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term overruling a demurrer to defendants’ counterclaim, sustaining said counterclaim and directing judgment in favor of defendants. This action was brought to compel specific performance of a contract, under which defendants agreed to purchase from plaintiff certain real estate in the city of [New York. Defendants set up a defect of title, and, as a…
1Opinion of the Court
Andrews, Oh. J.
John Mortimer, Jr., had six children living at his death, in September, 1875, and sixteen grandchildren, some or all of whom are still living. The scheme of his will, made in March, 1875, was to divide his residuary real and personal estate into shares, and to give to each of Ins surviving children the income of one share for life, and the principal of such share on the death of any child to his issue then surviving. He contemplated the possible death of a child before his death, leaving issue surviving, and in that case such issue surviving at testator’s death was to take…
2Cases cited3 opinions
- Mead v. . MitchellNew York Court of Appeals · 1858
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Moore v. . ApplebyNew York Court of Appeals · 1888
3Cited by58 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of VanderbiltNew York Court of Appeals · 1902
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Whittemore v. Equitable Trust Co.New York Court of Appeals · 1929
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