Gedney v. Marlton Realty Co.

The necessary and considered effect of the decision of this court on the prior appeal (Gedney v. Marlton Realty Co., 258 N. Y. 355) was the invalidity of the special act of 1865 (Laws of 1865, ch. 154) as a whole. “ The act of 1865, however, was enacted for the benefit of the fife tenant, Rebecca T. Rice, and was not an authorization for an infant’s proceeding for the benefit of Eloise Tonnele ” (p. 361). The sale under the statutory proceeding was, therefore, of as little avail against the interest of. Eloise Tonnele as it was against the adult interests. Moreover, the clearly expressed…