Leggett v. Hunter
New York Court of Appeals
Appeal from the Supreme Court. A statement of facts was agreed upon and submitted under section 372 of the Code, and judgment thereupon rendered at general term in the second district, adjudging that certain deeds tendered by the plaintiff would vest in the grantees a perfect title in fee simple absolute, and requiring the defendants to accept the deeds and complete their purchases according to the terms of contracts into which they had entered.
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Appeal from the Supreme Court. A statement of facts was agreed upon and submitted under section 372 of the Code, and judgment thereupon rendered at general term in the second district, adjudging that certain deeds tendered by the plaintiff would vest in the grantees a perfect title in fee simple absolute, and requiring the defendants to accept the deeds and complete their purchases according to the terms of contracts into which they had entered. The facts are these: Gerardus Post, the father of Mrs. Leggett and Mrs. Barber, died October 22d, 1833, leaving five children. By his will, dated…
1Opinion of the Court
I. The Legislature, as the sovereign power of the State, had the power to authorize and direct the transfer, conversion, sale or other disposition of the interests which the cestuis que trust, and the children of Mrs. Barber and Mrs. Leggett in esse at the time of the passage of the acts had in the land. 1. It has frequently exercised such power. (Act relating to Spingler's *450Estate, Laws 1829, 567; Act relating to Morris’ Estate, Laws 1853, 19; Act relating to Estate of T. B. Clarke, Laws 1814, ch. 78, which was decided to be valid in 20 Wend., 365.) 2. The possession of such power by the…
2Cases cited23 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Moore v. LyonsNew York Supreme Court · 1840
- Cochran v. Van SurlayNew York Supreme Court · 1838
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