MANN v. SCHUMAN


1 A.D.2d 678 (1955)

Theresa Mann et al., Appellants, v. Jack Schuman, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 1955


Order reversed, with $10 costs and disbursements, and motion granted.

The ownership of property carries with it as an incident of the estate the right to sell the property at any time, and any condition which purports to prohibit the owner from alienating the property or to withhold from him the power to alienate is void because the restraint is repugnant to such ownership. (De Peyster v. Michael, 6 N.Y. 467; Lovett v. Gillender, 35 N.Y. 617; Kirchhof...

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