New York Court of Appeals

George W. Johnston v. Henry Spicer, Appellants; Francis Spicer, Respondents

October 18, 1887107 N.Y. 185

Summary

The Court affirmed the General Term's reversal of the Special Term, holding that the ante‑nuptial marriage settlement created an enforceable equitable trust in favor of the widow, that her interest reverted to the State upon her death without heirs, that the 1885 act releasing the State's interest to the heirs was unconstitutional for violating the single‑subject rule, and that the State, not the heirs, was entitled to the surplus proceeds from the foreclosure sale.