Legal Opinion

In re Bull

New York Supreme Court

Decided November 6, 1865PublishedCited by 4 opinions

HE legislature, "by an act passed on the 23d of April, 1864, entitled, “An act relative to land devised hy John Tonnelle, deceased,” (Laws of1864, p. 732 ; amended in 1865, see Laws of 1865, p. 376,) empowered the Supreme Court, at a general or special term held in the city of Hew York, on the petition of Margaret E. Tonnelle and others, to, authorize the sale of certain lots on the northerly side of Eighteenth street in the city of Hew York, mentioned and described in the…

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HE legislature, "by an act passed on the 23d of April, 1864, entitled, “An act relative to land devised hy John Tonnelle, deceased,” (Laws of1864, p. 732 ; amended in 1865, see Laws of 1865, p. 376,) empowered the Supreme Court, at a general or special term held in the city of Hew York, on the petition of Margaret E. Tonnelle and others, to, authorize the sale of certain lots on the northerly side of Eighteenth street in the city of Hew York, mentioned and described in the will of John Tonnelle, deceased, and held in trust by his executors, under the provisions of said will. In pursuance of…

1Opinion of the CourtIngraham, P. J.

So far as any objection is made to the interest of Mrs. Hall, that was disposed of on the argument, by the offer of a release on her part of any interest in the premises. On the supposition that such an instrument will be executed, I shall not examine that objection, leaving to the purchaser the right to renew his motion if the same is not executed.

The only questions which require examination are, whether the children of John Tonnelle, the son of the testator, are necessary parties ; and whether Francis E. Berger, one of the executors, must unite in the conveyance to give it validity.

The will…

2Cases cited2 opinions

  1. Leggett v. . HunterNew York Court of Appeals · 1859
  2. In re CrossmanNew York Supreme Court · 1861

3Cited by4 opinions

  1. Striker v. DalyAppellate Division of the Supreme Court of the State of New York · 1916
  2. Earle v. EarleThe Superior Court of New York City · 1881
  3. Estate of Barrett, Superior Court of California, County of San Francisco1899
  4. Striker v. DalyNew York Surrogate's Court · 1916

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