Turrill v. Davenport
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Jenks, P. J.:
This submitted controversy presents the sole question whether the plaintiff as executor can convey marketable title of certain realty.
The power of sale must be sought in the 5th clause of the will, which reads: “Realizing that the present income from the investments and securities is extremely small and that even this must be constantly diminished by taxes on real estate, *544I desire that in order to augment said income the landed property be sold as soon as profitable sales can be negotiated and the proceeds reinvested in safe interest bearing bonds and mortgages. In no case is the…
2Cases cited4 opinions
- Phillips v. . PhillipsNew York Court of Appeals · 1889
- Thornagel v. PforrCalifornia Supreme Court · 1904
- Meehan v. BrennanAppellate Division of the Supreme Court of the State of New York · 1897
- Moseley v. BolsterMassachusetts Supreme Judicial Court · 1909
3Cited by2 opinions
- In re the Estate of DaintreyNew York Surrogate's Court · 1925
- In re the Judicial Settlement of the Accounts of Van DeusenNew York Surrogate's Court · 1920