Bender v. . Paulus
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 28, 1907, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 28, 1907, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Under the will of Eschlimann, as finally interpreted by the judgment in Lamer v. Bender, the executors named in that will had no power of sale of plaintiff's eleven-seventeenths of the premises in question. (Clemens v. Clemens, 37 N. Y. 59; Embury v. Connor, 3 N. Y. 511; Smith…
1Opinion of the CourtWillard Bartlett, J.
This is an action for partition affecting certain real estate in Queens county formerly the property of John Jacob Eschlimann, deceased. The plaintiff sues as his only heir at law. The defendants claim to have acquired a valid title to the premises by means of a conveyance from Mr. Eschlimann’s executors. By his will Mr. Eschlimann devised his real estate in Queens county (with an exception not material to be considered here) to his executors in trust to collect the rents, issues and profits thereof and to sell the said real estate whenever they might decide in their discretion and to divide…
2Cases cited3 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Jones v. . KellyNew York Court of Appeals · 1902
- Abbott v. . JamesNew York Court of Appeals · 1889
3Cited by3 opinions
- In re the Accounting of WatonNew York Surrogate's Court · 1954
- Warrick v. WoodhamSupreme Court of Alabama · 1942
- In re the Estate of SmithNew York Surrogate's Court · 1951