Bostwick v. . Beach
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 22,1885, which denied a motion for a new trial, after interlocutory judgment in favor of plaintiff, entered on decision of the court on trial at Special Term. This was an action against defendants, as executors of the will of Nelson J. Beach, deceased, for the specific performance of a contract for the sale of land.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 22,1885, which denied a motion for a new trial, after interlocutory judgment in favor of plaintiff, entered on decision of the court on trial at Special Term. This was an action against defendants, as executors of the will of Nelson J. Beach, deceased, for the specific performance of a contract for the sale of land. To prove the contract, plaintiff gave in evidence a written instrument, of which the following is a copy: “ .Received, Watson, N. Y., 27th December, 1881, from L. A. Bostwick,…
1Opinion of the CourtRapallo, J.
The will of Nelson J. Beach contained a valid power in trust to his executrix and executors to sell and convey his real estate, and declared that the sale should take place at an early day. Until such sale, the testator directed that his wife retain possession of the house occupied by him, for' herself and her unmarried daughter, together with a certain portion of his farm.
The testator died February 22, 1876, seized in fee of the farm in question,, which contained about two hundred and seventy-five acres of land, of the value of about $11,000, and was subject to a mortgage of $900, and the…
2Cases cited3 opinions
- Worrall v. . MunnNew York Court of Appeals · 1868
- Payne v. . BeckerNew York Court of Appeals · 1881
- Demarest v. RayNew York Supreme Court · 1859
3Cited by82 opinions
- Townsend v. VanderwerkerSupreme Court of the United States · 1895
- Epstein v. . GluckinNew York Court of Appeals · 1922
- Hanna v. State Trust Co.Court of Appeals for the Eighth Circuit · 1895
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
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