Marcy v. . French

New York Court of Appeals

Marcy v. . French

134 N.E. 594, 232 N.Y. 616, 1922 N.Y. LEXIS 1204

DecidedJanuary 31, 1922

StatusPublished

This text of 134 N.E. 594 (Marcy v. . French) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marcy v. . French, 134 N.E. 594, 232 N.Y. 616, 1922 N.Y. LEXIS 1204 (N.Y. 1922).

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Opinion

Per Curiam.

It appears that defendant Theodore L. French is the owner of an undivided 25.13 per cent interest in the first parcel of real property described in the fourteenth finding of fact, subject to an inchoate right of dower of his wife therein, Goldia French; and said Theodore L. French is the owner of an undivided 25.13 per cent interest in the equipment and five stock which was on said farm and transferred at the time of the transfer of the farm, together with a similar undivided interest in the offspring of such five stock, and of any remaining property thereon, the product of said farm.

We are unable to discover any reason why his said interests should be sold.

The judgment, therefore, should be modified so as to provide simply for the sale of the remaining 74.87 per cent interest of Homer J. French in said property and the application of the proceeds thereof as in said judgment provided, and as so modified said judgment should be affirmed, with costs to the appellant Theodore L. French.

His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.

Judgment accordingly.

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Per Curiam.

It appears that defendant Theodore L. French is the owner of an undivided 25.13 per cent interest in the first parcel of real property described in the fourteenth finding of fact, subject to an inchoate right of dower of his wife therein, Goldia French; and said Theodore L. French is the owner of an undivided 25.13 per cent interest in the equipment and five stock which was on said farm and transferred at the time of the transfer of the farm, together with a similar undivided interest in the offspring of such five stock, and of any remaining property thereon, the product of said farm.

We are unable to discover any reason why his said interests should be sold.

The judgment, therefore, should be modified so as to provide simply for the sale of the remaining 74.87 per cent interest of Homer J. French in said property and the application of the proceeds thereof as in said judgment provided, and as so modified said judgment should be affirmed, with costs to the appellant Theodore L. French.

His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.

Judgment accordingly.

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Bluebook (online)

134 N.E. 594, 232 N.Y. 616, 1922 N.Y. LEXIS 1204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcy-v-french-ny-1922.