Fahy v. Cavanagh
New Jersey Court of Chancery
On final hearing on bill, answer and proofs. The bill is filed by Mary Eahy to enforce the specific performance of a contract made by her with the defendant, Patrick Cavanagh, for the conveyance by complainant to defendant of a house and lot in the city of Jersey City. The making of the contract is admitted by the answer, which sets up as the only defence the failure of the complainant to manifest a merchantable-title in herself.
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On final hearing on bill, answer and proofs. The bill is filed by Mary Eahy to enforce the specific performance of a contract made by her with the defendant, Patrick Cavanagh, for the conveyance by complainant to defendant of a house and lot in the city of Jersey City. The making of the contract is admitted by the answer, which sets up as the only defence the failure of the complainant to manifest a merchantable-title in herself. The complainant is the widow of one Charles H. Fahy, who-died seized of the premises in question on the 30th of January, 1895, leaving the complainant, his widow,…
1Opinion of the Court
Pitney, V. C.
Two questions were raised upon the argument and are presented for consideration and decision — -first, as to whether the testamentary writing was properly executed by the testator so as to pass real estate in New Jersey; and second, whether or not, upon its true construction, the complainant has power to make a valid conveyance of the premises.
So far as regards personal property, if any, left by the testator, the decision of the orphans court is conclusive as against the next of kin. But that decision does not affect the title to land as against the heir-at-law until seven years…
2Cases cited2 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- O'Brien v. GalagherSupreme Court of Connecticut · 1856
3Cited by5 opinions
- Javna v. DJ Fredricks, Inc.New Jersey Superior Court Appellate Division · 1956
- Riddle v. CellaNew Jersey Court of Chancery · 1940
- Elmore Development Co. v. BinderNew Jersey Court of Chancery · 1925
- Newark City National Bank v. CraneNew Jersey Court of Chancery · 1900
- Fandal v. BaerLouisiana Court of Appeal · 1916