New York Court of Appeals
John J. Hogan v. Mary Curtin
February 28, 188288 N.Y. 162
Summary
The Court affirmed the judgment of the lower court. It held that the condition restricting the daughter's marriage was a condition subsequent, that the marriage without the mother’s consent breached the condition, and that the breach limited the daughter’s legacy to $5,000 because the legacy was charged on real estate. The condition was deemed lawful and enforceable.