Kissam v. . Dierkes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant Dierkes, entered upon the decision of the court at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant Dierkes, entered upon the decision of the court at Special Term. This action was brought to compel the specific performance of a contract made 10th of August, 1868, between plaintiff and defendant Dierkes, for the purchase and sale of a lot of land known as Ho. 25 Grand street, Hew York city, for the sum of $8,500. Dierkes refused to perform, upon the ground that the plaintiff had no power to convey. Prior to 1856 Eliza B. Holsman was the owner of the…
1Opinion of the CourtBapallo, J.
The power authorized the trustees to sell the trust property only by and with the consent of Mrs. Howell, to be manifested by her uniting with them in the conveyance. This was a valid condition attached to the power. Mrs. Howell was thereby guarded against any sale being made without her personal sanction. Such must be deemed to have been her intention in annexing this condition to the power. Ho provision is made for the execution of the power in case of her decease. It could, therefore, only be executed in her lifetime. There is nothing in the Bevised Statutes which prohibits the annexing of…
2Cited by12 opinions
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- Suarez v. De MontignyNew York Supreme Court · 1895
- Wisker v. RischeSupreme Court of Missouri · 1902
- Berrien v. ThomasSupreme Court of Georgia · 1880
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