Legal Opinion

In re the Judicial Settlement of the Account of Central Union Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 1923Published

1Opinion of the Court

Kelby, J.:

The method pursued by the executors in consummating the sale of the testator’s interest in the partnership of A. D. Juilliard & Co., and the sale of the mill stocks owned by the testator, followed the power of sale vested in the executors and trustees by section 39 of the will. The power of sale as to the partnership interest practically vested in the trustees the power to liquidate the partnership interest by contract with the surviving partners. It was provided, as to the sale of the partnership interest, that such sale could be made to the surviving partners “ for a sum which…

2Cases cited8 opinions

  1. Cochrane v. . SchellNew York Court of Appeals · 1894
  2. St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  3. Allemannia Fire Ins. Co. of Pittsburgh v. Firemen's Ins. Co. of Baltimore Ex Rel. WolfeSupreme Court of the United States · 1908
  4. Johnes v. BeersSupreme Court of Connecticut · 1889
  5. Matter of Metropolitan Transit Co.New York Court of Appeals · 1889

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