New York Court of Appeals

In the Matter of the Application of Morris B. Baer, Appellant, to Be Believed From His Purchase in the Partition…

October 29, 1895147 N.Y. 348

Summary

The Court affirmed the order denying the purchaser's motion to be relieved from his bid, holding that the remainder interest under the will was contingent upon the death of the life tenants and only vested in the heirs of Harmon Hendricks who were alive at the time of distribution. Consequently, the title was deemed marketable and the purchaser could not refuse performance.