Carpenter v. Bonner
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles W. Carpenter, as purchaser in foreclosure, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of West-' ■Chester on the 27th day of November, 1897, confirming the report ■of a referee, and requiring the said appellant to complete his purchase of the premises sold under foreclosure in the action.
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Appeal by Charles W. Carpenter, as purchaser in foreclosure, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of West-' ■Chester on the 27th day of November, 1897, confirming the report ■of a referee, and requiring the said appellant to complete his purchase of the premises sold under foreclosure in the action. The 2d article contained in the will of Gilbert B. Hart, deceased, referred to in the opinion, i.s as follows : “ Second. I authorize and empower my executors, at their discretion, to convert into money my…
1Opinion of the Court
Willard Bartlett, J.:
The title to the premises which the appellant purchased on the foreclosure sale in this action depends upon the validity of a sale made by Coleridge A. Hart, as administrator with the will annexed, under a power of sale contained in the will of his father, Gilbert B. Hart, deceased. The rule in regard to the exercise of such a power by an administrator with the will annexed was recently considered and applied by this court in the case of Clifford v. Morrell (22 App. Div. 470). There is no objection or obstacle to its exercise by such an administrator where no element of…
2Cases cited1 opinion
- Clifford v. MorrellAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Ayers v. CourvoisierAppellate Division of the Supreme Court of the State of New York · 1905
- McGarry v. McMahonAppellate Division of the Supreme Court of the State of New York · 1908