Sweeney v. . Warren
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department in favor of defendants, entered November 21,1889, upon a verdict directed subject to the opinion of the court at General Term. This was an action of ejectment. On October 12, 1854, John Sweeney died, leaving Caroline Sweeney, his widow, and several collateral relatives who were his heirs at law and next of kin.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department in favor of defendants, entered November 21,1889, upon a verdict directed subject to the opinion of the court at General Term. This was an action of ejectment. On October 12, 1854, John Sweeney died, leaving Caroline Sweeney, his widow, and several collateral relatives who were his heirs at law and next of kin. He left a will executed October 9, 1854, which was probated December 26, 1854, and letters testamentary were then duly issued thereon to the two executors nominated therein, who immediately…
1Opinion of the Court
.Follett, Ch. J.
In considering the questions involved in this appeal it will be convenient to examine separately the two clauses which, it is asserted, gave the executor power to sell the lot sought to be recovered. The clause contained in the latter part of the will provides: “ I authorize and direct my executors to sell and convey the strip of land heretofore mentioned and described as lying on the Niagara river, and also that piece of land on Sweeney street and on the Tonawanda creek, east of the building known as the shoe-shop, for the purpose of discharging all my debts.” By this…
2Cases cited8 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Read v. . WilliamsNew York Court of Appeals · 1891
- Jennings v. . ConboyNew York Court of Appeals · 1878
- Sharpsteen v. TillouNew York Supreme Court · 1824
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Commissioner of Internal Revenue v. NewmanCourt of Appeals for the Second Circuit · 1947
- Trask v. . SturgesNew York Court of Appeals · 1902
- West v. WestAppellate Division of the Supreme Court of the State of New York · 1926
- Wagner v. ClausonIllinois Supreme Court · 1948
- Clark v. CampbellSupreme Court of New Hampshire · 1926
32 more not listed; retrieve them via the Exa API.