Lahey v. Kortright
The Superior Court of New York City
Appeal from judgment in favor of plaintiff entered upon findings etc. at special term. This action was brought by the plaintiff seeking to be released from a contract for the purchase of the premises described in the complaint, which he had bid off at an auction sale made by the defendants on the 25th day of May, 1887. The defendants asked a judgment for specific performance.
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Appeal from judgment in favor of plaintiff entered upon findings etc. at special term. This action was brought by the plaintiff seeking to be released from a contract for the purchase of the premises described in the complaint, which he had bid off at an auction sale made by the defendants on the 25th day of May, 1887. The defendants asked a judgment for specific performance. The question litigated is whether the defendants were able at the closing of the title to give the plaintiff a good marketable title. The defendants’ title arises as follows: Nicholas G-. Kortright died prior to April 1,…
1Opinion of the Court
Freedman, J.:
Assuming that the power of sale given by the will was an imperative and general power in trust, which, although discretionary as to the time of execution, could, on the death, removal, resignation or refusal to act of the trustees, be conferred by the Supreme Court on a trustee appointed by that court to carry out the trusts created by the will, the question still remains whether the Supreme Court really did confer the power. If it was conferred it must be found in the order of appointment, for a trustee so appointed takes all his powers from the order of his appointment.
In…
Also in this document: Per curiam.
2Cases cited6 opinions
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Ward v. . WardNew York Court of Appeals · 1887
- Cooke v. . PlattNew York Court of Appeals · 1885
- In the Matter of George W. RobinsonNew York Court of Appeals · 1867
- Nugent v. CloonMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.