The Miscellaneous Reports (Volume 2); Cases Decided in the Inferior Courts of Record of the State of New York

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893. Excerpt: ... Konninsky v. Korminsky. Vol. 2. KOKMINSKY T. KoKMINSKY. (New York Superior Court--General Term, January, 1893.) A father orally agreed with three sons that if they would purchase certain land and cause it to be conveyed to him for a home for life, he would devise the premises to them by his will. The sons purchased the land, paying therefor before their father's death. The father died, leaving a will devising the land as agreed, but it was lost or destroyed. Held, that, as the sous had fully executed the agreement on their part, specific performance of the agreement on the part of their'brother who refused to convey his interest would be decreed. Held, further, that on the death of their father, plaintiffs became the equitable owners of the land and the court had power to decree the equitable title to be a legal one and enforce it by compelling a specific performance of the agreement by the heirs refusing to deed their interest. If warranted by the allegations of a complaint, an amendment so as to demand equitable relief is discretionary with the trial court. Two sisters of the parties, who had deeded their interest in the premises to plaintiffs, were allowed to testify as to conversations with their father relating to the said agreement and his will. Held, that section 829 of the Code did not apply, and exceptions to their testimony based thereon were of no avail, as they were in no way interested in the event of the action, nor was plaintiffs' claim derived by assignment or conveyance. Appeal by the defendant from a judgment, entered upon a decision on a trial before the court, without a jury, compelling specific performance of an agreement to devise real estate, and ordering a conveyance from defendant, one of the heirs of the estate of Abraham Kormins...