New York Court of Appeals
Mary Monarque, Respondent v. Eliza Monarque, Samuel W. Woolsey, Purchaser, Appellant
March 9, 188080 N.Y. 320
Summary
The Court reversed the lower courts' order compelling the purchaser to complete the partition sale, holding that the judgment in the will‑construction suit does not bind the contingent interests of unborn children and that a partition judgment does not bar such future interests unless it expressly protects them.