Fisher v. . Banta
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiffs, entered upon a decision, of the court at Special Term. This action was brought to obtain a construction of two wills, one that of Albert Banta, the other that of Charles Edward Banta, son of said Albert Banta. The plaintiffs are the general legatees under the will of said Charles Edward Banta.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiffs, entered upon a decision, of the court at Special Term. This action was brought to obtain a construction of two wills, one that of Albert Banta, the other that of Charles Edward Banta, son of said Albert Banta. The plaintiffs are the general legatees under the will of said Charles Edward Banta. Defendant George Hubbell is executor of the said will, and also administrator, with the will annexed, of Albert Banta. Defendant Stanley A. Banta is the son of…
1Opinion of the CourtAndrews, J.
The direction in the codicil to the will of Albert Banta, that his executor should sell all his real estate, operated as a conversion of the real estate into personalty, from the time of his death. The direction is unqualified and peremptory. It leaves no discretion to the executor, except as to the time and manner of sale. The exercise of the power, of sale is subject to no condition, except that which it implied in every case of this character, that, at the death of the testator, the purposes for which a conversion was directed have not failed, but still require that the power should be…
2Cases cited2 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Post v. . HoverNew York Court of Appeals · 1865
3Cited by55 opinions
- In Re the Estate of HunterNew York Court of Appeals · 2005
- In Re the Accounting of EvansNew York Court of Appeals · 1922
- Morse v. . MorseNew York Court of Appeals · 1881
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Salisbury v. . SladeNew York Court of Appeals · 1899
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