Case law

Du Bois v. Ray

7 Bosw. 244 · The Superior Court of New York City · Jul 7, 1860

Whether the term “issue ” qualifies the term “ children,” or the latter controls the former, is immaterial. Under the case of Chrystie v. Phyfe, (19 N. Y. R. 404,) “ children,” would take as purchasers. … This clearly best comports with the letter of the will, and best carries out the apparent intent.

People ex rel. New York Underground Railway Co. v. Newton

26 Jones & S. 439 · The Superior Court of New York City · Dec 1, 1890

That said last-mentioned corporation duly succeeded to and became possessed of all the titles, rights, powers, franchises, privileges, immunities, easements, liberties, property and rights of property, which had theretofore … The variance, it is now claimed, is fatal to the application of the relator, for the reason that it is a well established principle of law, that a peremptory mandamus cannot be issued otherwise than in exact accordance with

Dominick v. Michael

6 Sandf. 374 · The Superior Court of New York City · Jan 13, 1851

Stat. p. 360,) while it admits the rule of the common law to be such as we have stated, has never been construed as divesting the estate or power of an executor who has neglected or refused to qualify ; nor is it applicable … Chance, in his elaborate treatise upon powers, has' clearly shown. (1 Coke Litt. 113, a, Hargrave’s note; Chance on Powers, 658, 681.)

Nicholson v. Leavitt

6 Sandf. 252 · The Superior Court of New York City · Dec 28, 1850

the United States j -it is, that the validity of every disposition of lands, whether the disposition be absolute or qualified, whether it passes an estate or merely imposes a charge, depends exclusively upon the municipal … , they would be clearly entitled.

Mechanics' Bank v. New York & New Haven Rail Road

11 Duer 480 · The Superior Court of New York City · Jun 30, 1855

In order to keep in view tbe exact conditions of tbe general question, I think it proper to state tbe conclusions which I consider thus far established. Tbey are as follows: 1. … I know of no other mode in which a controverted power can be established.

People v. Compton

1 Duer 512 · The Superior Court of New York City · Mar 12, 1853

sense; and it is this qualified and charitable interpretation, therefore, that we adopt. … see if there is color for the position; that if the facts existing had all been fully and fairly presented in the affidavits , on which the injunction was sought, the court might have hesitated to grant it, and if that is clearly

Haegmeyer v. Manhattan Railway Co.

37 N.Y. St. Rep. 970 · The Superior Court of New York City · Mar 3, 1891

In such an action fraud must be established by evidence necessarily leading to that conclusion. Id. 3. … Pour executors were named, of whom three qualified.