Nelson v. . Russell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1891, which directed a judgment in favor of plaintiff upon .the submission of a controversy under section 1279 of the Code of Civil Procedure.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1891, which directed a judgment in favor of plaintiff upon .the submission of a controversy under section 1279 of the Code of Civil Procedure. On March 7, 1891, plaintiff entered into a contract with the defendants, Bridget Bussell, a surviving life tenant, and James Bussell, James Barry and Ellen Barry, the remaindermen under the will of Michael Barry, deceased, for the purchase of lots 256 and 258 Cherry street, in the city of Bew York.. On April 21, 1891, to…
1Opinion of the CourtAndrews, J.
The determination of this appeal depends upon the question whether, under the will of David Barry, his grandchildren James and Ellen Barry took on the death of the testator a vested remainder in fee in the premises No. 358 Cherry street in the city of New York. It is claimed in behalf of the plaintiff, the purchaser of the premises under a contract with Bridget Russell, the daughter of the testator, who took a life estate under the will, and the two grandchildren named, that the remainder was contingent and that in case of the death of the two grandchildren during the life tenancy, or of…
2Cases cited3 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Livingston v. . GreeneNew York Court of Appeals · 1873
3Cited by66 opinions
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- Hersee v. . SimpsonNew York Court of Appeals · 1897
- In Re the Will of BumpNew York Court of Appeals · 1922
- In re Moran's WillWisconsin Supreme Court · 1903
- Lewis v. . HoweNew York Court of Appeals · 1903
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