Dickerson v. . Sheehy
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1913, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint in an action of partition. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action? ”
1Dissent
Cullen, Ch. J.
(dissenting). I dissent from the decision about to be made and vote to reverse the order appealed from. A general rule is that where there is no present gift, but a direction to executors or trustees to pay or divide at a future time, the vesting in the beneficiary will not take place until that túne arrives. But the rule has many exceptions, and in fact it may be fairly said that it is a rule more honored in the breach than in the observance. There is, however, another general rule, also applicable to this case, that where the language is susceptible of a construction which…
2Cases cited17 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Warner v. . DurantNew York Court of Appeals · 1879
- Robert v. . CorningNew York Court of Appeals · 1882
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