Legal Opinion

Scholle v. . Scholle

New York Court of Appeals

Decided January 19, 1886PublishedCited by 19 opinions

Appeals from two orders of the General Term of the Superior Court of the city of New York, made November 6, 1885, one of which affirmed an order of Special Term confirming the report of a referee of a sale under the judgment herein, and requiring plaintiff William Scholle and defendant Jacob Scholle to complete the several purchases made by them on the sale; the other affirmed an order of Special Term which denied a motion on the part of said parties to be released from…

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Appeals from two orders of the General Term of the Superior Court of the city of New York, made November 6, 1885, one of which affirmed an order of Special Term confirming the report of a referee of a sale under the judgment herein, and requiring plaintiff William Scholle and defendant Jacob Scholle to complete the several purchases made by them on the sale; the other affirmed an order of Special Term which denied a motion on the part of said parties to be released from their said purchases. This action was for partition. The material facts are stated in the opinion. Jacob Scholle, being the…

1Opinion of the CourtEabl, J.

Prior to March 15, 1880, Abraham Scholle, together with the plaintiff, William Scholle, and the defendant, Jacob Scholle, were seized of certain real estate in the city of Hew York as equal tenants in common. Abraham Scholle died in March, 1880, leaving a will whereby he appointed his brothers, Jacob and William Scholle, his widow, Babetta, Julius Ephrmann and Simon Davidson executors and trustees, all of whom but William Scholle qualified as such. Davidson was subsequently discharged by order of the Surrogate’s Court and the other three acted as sole trustees and executors of the will. The…

2Cases cited8 opinions

  1. Torrey v. Bank of OrleansNew York Court of Chancery · 1842
  2. Fulton v. . WhitneyNew York Court of Appeals · 1876
  3. Froneberger v. . LewisSupreme Court of North Carolina · 1878
  4. Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
  5. Davoue v. FanningNew York Court of Chancery · 1816

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3Cited by19 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Clay v. ThomasCourt of Appeals of Kentucky · 1917
  3. Webster v. Kings County Trust Co.New York Supreme Court · 1894
  4. In re Scarborough Properties Corp.New York Court of Appeals · 1969
  5. Corbin v. . BakerNew York Court of Appeals · 1901

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