Phillips v. . Davies
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 14, 1882, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a construction of the will of Matilda Phillips, deceased. The substance of the will and the material facts appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 14, 1882, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a construction of the will of Matilda Phillips, deceased. The substance of the will and the material facts appear in the opinion. The due execution of a power requires a substantial compliance with every condition which precedes or accompanies its exercise. After the death of her husband the power of sale given by the testatrix…
1Opinion of the CourtFinch, J.
The courts which have construed this will were so impressed with the necessity of a trust estate, or power in trust vested in the executors, by force of which the real estate could be sold and converted into money, to effect the carefully framed and deliberately expressed purposes of the testatrix, that they have sustained a trust power as arising by implication, and have been ready to put a construction upon the last clause of the will somewhat different from that suggested by the order of its language. That clause is as follows : “ I hereby nominate and appoint my beloved husband, John D.…
2Cases cited3 opinions
- Pond v. BerghNew York Court of Chancery · 1843
- Mason v. JonesNew York Supreme Court · 1848
- Drake v. PellNew York Court of Chancery · 1839
3Cited by94 opinions
- Matter of GallienNew York Court of Appeals · 1928
- In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939
- In Re the Probate of the Last Will & Testament of MinerNew York Court of Appeals · 1895
- Dreyer v. . ReismanNew York Court of Appeals · 1911
- Meeks v. . MeeksNew York Court of Appeals · 1899
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