Livingston v. Murray
The Superior Court of New York City
This action was brought to obtain a judicial construction of the will of Washington Murray. The will is dated May 15, 1866. After directing the payment of debts, and making some specific bequests, the will devises and bequeaths as follows: “ I give, devise, and bequeath to Cambridge Livingston and Theodore B. Bronson, the executors of this my last will and testament, hereinafter nominated and appointed, all the rest, residue, and remainder of my real and personal estate, of…
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This action was brought to obtain a judicial construction of the will of Washington Murray. The will is dated May 15, 1866. After directing the payment of debts, and making some specific bequests, the will devises and bequeaths as follows: “ I give, devise, and bequeath to Cambridge Livingston and Theodore B. Bronson, the executors of this my last will and testament, hereinafter nominated and appointed, all the rest, residue, and remainder of my real and personal estate, of what nature and kind soever, in trust, to invest the same in real or state securities, or on bond and mortgage, or in…
1Opinion of the CourtMonell, J.
The question presented for decision in this case is, whether the executors have power to convey the real estate. No express power is given. The real property of the testator was devised to the executors, in trust for the purposes expressed in the will, with a remainder over which immediately vested in the heirs-at-law, expectant upon the estate given to the executors during the widow’s life.
A power to convey may, in some cases, be implied. The general rule is, that if a sale of the real estate is necessary to carry out the purposes of the testator, the power to make the sale will be given by…
2Cases cited2 opinions
- Meakings v. . CromwellNew York Court of Appeals · 1851
- Dorland v. DorlandNew York Supreme Court · 1847
3Cited by3 opinions
- Salisbury v. RyonAppellate Division of the Supreme Court of the State of New York · 1905
- In Re CurtisSupreme Court of Rhode Island · 1905
- In re the Construction of the Will of WuppermannNew York Surrogate's Court · 1949