Marie T. Upington, Respondent v. Michael A. Corrigan, Appellant, Louis J. Pooler, Respondent

Summary

The New York Court of Appeals affirmed the judgment awarding possession of the disputed land to the plaintiff, an heir of Mary McDonough Davey. The Court held that the right of entry for breach of the condition subsequent in the 1862 deed was not a deviseable interest but remained with the grantor and, upon her death, passed to her heirs by representation. Consequently, the plaintiff could enforce the condition despite the grantor’s death. The Court also concluded that the condition was not a mere personal covenant but a condition subsequent that could defeat the estate.