Ferry v. . Sampson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, entered June 19, 1888, which affirmed an order of Special Term granting the motion of a purchaser at a partition sale herein to be released from his purchase. The parties to the action were the brothers and sisters and the descendants of brothers and sisters of Eobert Waite Armstrong, who acquired title to the premises in 1833, as devisee under the will of his father.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, entered June 19, 1888, which affirmed an order of Special Term granting the motion of a purchaser at a partition sale herein to be released from his purchase. The parties to the action were the brothers and sisters and the descendants of brothers and sisters of Eobert Waite Armstrong, who acquired title to the premises in 1833, as devisee under the will of his father. The purchaser refused to complete his purchase on the ground that said devisee was not shown to he dead, or to have died intestate, or…
1Opinion of the CourtAndrews, J.
We think the objection to the title on the •ground that Robert Waite Armstrong, the devisee of the premises under the will of his father, was not shown to be dead, or if dead, that it was not shown that he died intestate, or leaving no widow or issue surviving, ought not to have prevailed. The testator died February 1, 1833, and his will was proved March 20, 1833. It was shown that Robert Waite Armstrong, whose home and domicile were in the city of Hew York, being then unmarried, went away from home prior to 1842, being then twenty or twenty-one years of age. He returned to Hew York on a…
2Cases cited3 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- In re the Trustees of the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1865
- M'Comb v. WrightNew York Court of Chancery · 1821
3Cited by27 opinions
- Cambrelleng v. . PurtonNew York Court of Appeals · 1891
- Empire Realty Corp. v. SayreAppellate Division of the Supreme Court of the State of New York · 1905
- Cerf v. . DienerNew York Court of Appeals · 1914
- Barrette v. WhitneyUtah Supreme Court · 1909
- Norwegian Evangelical Free Church v. MilhauserNew York Court of Appeals · 1929
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