Royce v. . Adams
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an ■order made July 14, 1890, which directed a judgment in iavor of plaintiff's upon a demurrer interposed by defendant, the court having directed the issues involved to be submitted and heard by the General Term, and adjudged that the defendant he required to accept the deed referred to in the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an ■order made July 14, 1890, which directed a judgment in iavor of plaintiff's upon a demurrer interposed by defendant, the court having directed the issues involved to be submitted and heard by the General Term, and adjudged that the defendant he required to accept the deed referred to in the complaint. This action was brought by plaintiffs as trustees under the will of Henry R. Low, deceased, to conqpel the specific performance, on the part of defendant, of a contract to purchase…
1Opinion of the CourtEabl, J.
The testator, Henry R. Low, devised and bequeathed to his executors all his real and personal estate upon the trusts mentioned in his will, and authorized them to sell, lease or otherwise convey or dispose of any of his real or personal estate, and to give a good title thereto. Before the estate' was completely settled all the executors and trustees named therein resigned. ■ Thereafter by an order of the Surrogate’s Court, and subsequently by an order of the Supreme Court, both properly made, these plaintiffs were appointed trustees under the will in the place of those who had resigned; and…
2Cases cited1 opinion
- Delaney v. . McCormackNew York Court of Appeals · 1882
3Cited by11 opinions
- Hollenbach v. . BornNew York Court of Appeals · 1924
- Coann v. . CulverNew York Court of Appeals · 1907
- In re the Estate of BallesterosAppellate Division of the Supreme Court of the State of New York · 2005
- Williams v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1912
- Benedict v. DunningAppellate Division of the Supreme Court of the State of New York · 1905
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