Walbridge v. Brooklyn Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn Trust Company, as executor, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of ¡November, 1910, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the said defendant’s demurrer to the complaint.
1Opinion of the Court
Jenks, P. J. :
The plaintiff, a beneficiary under the will of Clin G\ Walbridge, deceased, seeks judgment that directs the executors forthwith to *504sell and to dispose of the real estate and to distribute the proceeds, pursuant to a testamentary power of sale conferred upon them and to the directions of that instrument. The Brooklyn Trust Company, as executor of Anna H. Walbridge, a party defendant, appeals from an interlocutory judgment that overrules its demurrer that the complaint does not state sufficient facts to constitute a cause of action. The learned counsel for the respondent in his…
2Cases cited14 opinions
- Collister v. . FassittNew York Court of Appeals · 1900
- In the Matter, Etc., of Estate of WestonNew York Court of Appeals · 1883
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nNew York Court of Appeals · 1903
- Wooters v. International & G. N. R. R. Co.Texas Supreme Court · 1881
- Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
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3Cited by3 opinions
- In re the Judicial Settlement of the Accounts of FriedlanderAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of PinneyNew York Surrogate's Court · 1935
- Jones v. JonesAppellate Division of the Supreme Court of the State of New York · 1923