John G. Jenkins, Appellant v. Michael Fahey, Respondent

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that the court had proper jurisdiction over the parties and the infant's remainder, that lack of marketable title at the filing of a specific performance action is not fatal, and that the statute authorizing the sale of an infant's real estate includes vested fee simple remainders. Accordingly, the sale and partition judgment was set aside and a new trial was ordered.