New York Court of Appeals

Margaret Ann O’Donoghue, Respondents v. L. Dwight Boies, Appellant

April 25, 1899159 N.Y. 87

Summary

The Court affirmed the lower court's judgment, holding that the partition sale of the infant's real estate was void because it violated the testator's will and the statutory prohibition on alienating infants' property, and that the guardian's purchase in her own name was presumed void absent proof of benefit to the infants. The dissent argued that the partition judgment was valid and could not be attacked collaterally.