Van Winkle v. Fowler
New York Supreme Court
This is a case submitted on an agreed statement of facts, Albert W. Van-Winkle being plaintiff, and Sylvanus L. Fowler, defendant. Plaintiff contracted to sell defendant a certain tract of land in the city of Brooklyn, and defendant refuses to take title, on the ground that the clause in the will of Sarah E. Higgins, quoted in the opinion, does not confer upon the executor' therein power to sell the land in question.
1Opinion of the CourtPratt, J.
The sole question in controversy in this case relates to the con- ■ struction of the following clause in the will of Sarah E. Higgins. Item. “I give and bequeath to my executor all the balance of the money that I shall receive from the estate of Elmina H. Graves, under and by virtue of her said will and testament, dated Cleveland, Ohio, June twelfth, A. D. 1876, or all-the right, title, and interest which I, as one of the children of Allen Hubbard, deceased, am-entitled to under and by virtue of the last will and testament of the .said Elmina H. Graves, in trust that my said executor will use…
2Cited by5 opinions
- Mee v. . GordonNew York Court of Appeals · 1907
- Chandler v. ThompsonSupreme Court of New Jersey · 1901
- Braun v. MullerNew Jersey Court of Chancery · 1942
- In re the Estate of ShearNew York Surrogate's Court · 1935
- In re the Estate of McEvoyNew York Surrogate's Court · 1931