Stewart v. Woolley
Appellate Division of the Supreme Court of the State of New York
■ Separate appeals by the plaintiff, Sarah E. Stewart, individually and as executrix, etc., and by the defendant, George E. Woolley,'.individually and as administrator, etc., from certain portions of a judgment of the Supreme Court’in favor of certain of the defendants, entered in the office of the clerk of the county of Kings on the 18th day óf May, 1906, upon the, decision of the court rendered after a trial at the Kings County-Special Term.
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■ Separate appeals by the plaintiff, Sarah E. Stewart, individually and as executrix, etc., and by the defendant, George E. Woolley,'.individually and as administrator, etc., from certain portions of a judgment of the Supreme Court’in favor of certain of the defendants, entered in the office of the clerk of the county of Kings on the 18th day óf May, 1906, upon the, decision of the court rendered after a trial at the Kings County-Special Term. The action is for construction .of a part of the will of Ed ward , A. Woolley,, admitted to probate on October 12, 1899. That part provides : “ I give…
1Opinion of the Court
Jenks, J.:
I think that the intendment of the testator was an express trust in the executors; not a power, in trust. (Spitzer v. Spitzer, 38 App. Div. 438; Hubbard v. Housley, 43 id. 129; affd., 160 N. Y. 688; Staples v. Hawes, 39 App. Div. 548.) I think that the provision empowering the executors to sell “at such time within five years after my decease as they may be able to obtain the' sum of fifty thousand dollars in the aggregate therefor,” is not merely advisory but is a limitation, so that they have no authority to sell during that period for a less price. Fowler, on Beal Property Law of…
2Cases cited12 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Kalish v. . KalishNew York Court of Appeals · 1901
- Brown v. . QuintardNew York Court of Appeals · 1903
- Read v. . WilliamsNew York Court of Appeals · 1891
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3Cited by5 opinions
- Woolley v. StewartAppellate Division of the Supreme Court of the State of New York · 1915
- Brady v. HansonNew York Supreme Court · 1910
- In re the Estate of PhillipsNew York Surrogate's Court · 1919
- Brady v. HansonNew York Supreme Court · 1910
- In re the Accounting of GattermeyerNew York Surrogate's Court · 1943