Roome v. . Phillips
New York Court of Appeals
Appeal from the Supreme Court. Action to ■ compel the specific performance of an agreement, made between the plaintiff’s intestate and the defendant, whereby the former agreed to sell, and the latter agreed to purchase, a certain lot in Clinton street, in the city of New York, whereof the plaintiff’s intestate claimed to be seised in fee.
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Appeal from the Supreme Court. Action to ■ compel the specific performance of an agreement, made between the plaintiff’s intestate and the defendant, whereby the former agreed to sell, and the latter agreed to purchase, a certain lot in Clinton street, in the city of New York, whereof the plaintiff’s intestate claimed to be seised in fee. The complaint alleged that Elisha Burrows, Senior, the father of the plaintiff’s intestate, being seised in fee of the said house and lot in Clinton street, made his last will in 1834, in due form of law, to pass real estate, wherein and whereby he gave a…
1Opinion of the CourtDavies, J.
It seems to me that it was the clear intention of the testator that his son Elisha, on the demise of John Burrows, the testator’s father, should take the estate in fee, upon his arriving at the age of twenty-one years. He was also to take it, upon such demise, upon his marriage and having children. It vested in him in fee, on the death of the life tenant; and he was entitled to the possession on the .happening of either of those events, subject to his being wholly divested on his dying before attaining the age of twenty-one years; and on the happening of which latter event, the devise over…
2Cases cited1 opinion
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810
3Cited by40 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- In Re the Accounting of EvansNew York Court of Appeals · 1922
- Matter of GallienNew York Court of Appeals · 1928
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Shimer v. MannIndiana Supreme Court · 1884
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