New York Court of Appeals

Margaret Taggart, Appellants v. James Murray, John F. Kavenagh, Purchaser, Respondents

September 23, 187353 N.Y. 233

Summary

The Court affirmed the lower court's order, holding that the testator's will gave his daughter a life estate with remainder to her issue and a power to devise upon default, not an absolute fee simple. Accordingly, the conveyance by the daughter and her children could not pass an absolute title, and the purchaser's refusal to take title was without merit.