Parker v. . Linden
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 May 16, 1887, which affirmed a judgment, entered upon a decision of the court on trial at Special Term.
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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 May 16, 1887, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. The action was brought by the executors of James Linden, who died June 20, 1885, leaving no issue, to obtain a judicial construction of his will, a sale of the real estate of which he died seized, a declaration that the share of William Lego lapsed, and for other incidental relief. The will which was executed November 9, 1879, so far as is material to any question…
1Opinion of the CourtDanforth, J.
The important question is whether the direction for conversion is, by the terms of the will, absolute and imperative, so as to be complete to all intents and purposes, or whether the conversion directed is for the purposes of the will only. If the latter, then if those purposes fail, or do not exhaust the proceeds, the property unapplied, whether the estate has been actually sold or not, will devolve according to its original character. (Gourley v. Campbell, 66 N. Y. 169.) Here the controversy is between Maria Linden, the widow respondent, and the residuary legatees, and, according to the…
2Cases cited3 opinions
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Gourley v. . CampbellNew York Court of Appeals · 1876
3Cited by11 opinions
- In Re the Accounting of CaldwellNew York Court of Appeals · 1907
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Estate of WeinsteinNew York Surrogate's Court · 1904
- In re BarnesNew York Surrogate's Court · 1920
- In re the Estate of BurdenNew York Surrogate's Court · 1919
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