Monarque v. Monarque
New York Supreme Court
Appeal from an order made at Special Term, compelling the purchasers at a sale had under a decree of partition herein to complete their purchases. Jeremiah H. Monarque died in 1864, leaving a widow, four daughters and several grand-children, and leaving a will which, in substance, purported to give his property, real and personal, to his widow, for life, after her death to his daughters for life, and after their deaths in fee to his grand-children.
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Appeal from an order made at Special Term, compelling the purchasers at a sale had under a decree of partition herein to complete their purchases. Jeremiah H. Monarque died in 1864, leaving a widow, four daughters and several grand-children, and leaving a will which, in substance, purported to give his property, real and personal, to his widow, for life, after her death to his daughters for life, and after their deaths in fee to his grand-children. This will was duly admitted to probate, and in 1876 an action (Monarque, v. Requd) was commenced in the Supreme Court to .obtain a judicial…
1Opinion of the Court
Pratt, J. :
Aside from any technical question, whether the grand-children of Jeremiah Monarque are bound by the proceeding, in the case of Monarque v. Requa,- we think that the decision in that case was right , as to the construction of the will, and that their grand-children have no claim upon the property in question. (Colton v. Fox, 67 N. Y., 348.) That action, however, was in the Supreme Court, and if the court acquired jurisdiction of the parties and of the .subject-matter, the decision had the effect to cut off all right or claims of the grand-children to the premisés, and they were not…
2Cases cited5 opinions
- Post v. . HoverNew York Court of Appeals · 1865
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Bowers v. SmithNew York Court of Chancery · 1843
- Colton v. . FoxNew York Court of Appeals · 1876
- Clarke v. . SawyerNew York Court of Appeals · 1849