Conklin v. Egerton's Administrator
New York Supreme Court
Error from the superior court of the city of New York. Thomas Asten, as survivor, &c. brought an" action of debt on a bond executed by William Conklin to him and John Baker, as administrators, &c., of Abraham S. Egerton, deceased, bearing date'lstMay, 1827, conditioned that'during the life of one Judith Myers, the obligor should pay to the ' obligees annually the sum of $84; and that if they should within two years after the death of Judith Myers cause the fee of a certain…
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Error from the superior court of the city of New York. Thomas Asten, as survivor, &c. brought an" action of debt on a bond executed by William Conklin to him and John Baker, as administrators, &c., of Abraham S. Egerton, deceased, bearing date'lstMay, 1827, conditioned that'during the life of one Judith Myers, the obligor should pay to the ' obligees annually the sum of $84; and that if they should within two years after the death of Judith Myers cause the fee of a certain lot to be'conveyed to him by the owners of the lot, at a fair and reasonable price to be agreed upon, or ascertained in a…
1Opinion of the Court
By the Court,
Cowen, J.
Had Mr. Sherman, as administrator with the will of Manuel Myers annexed, the right or power to convey the lot? This is the only question before us, as presented both by the pleadings and bill of exceptions. By the statute, 1 R. L. of 1813, p. 316, § 21, it was enacted, in the words of 1 R. L. of 1801, vol. 1, p. 541, § 20, “ that in all cases where administration shall be granted with a will or testament annexed, the will of the deceased in such testament expressed shall be observed and performed ; and that this act shall extend to administrators with such will annexed,…
2Cases cited2 opinions
- Judson v. GibbonsNew York Supreme Court · 1830
- Wooldridge's heirs v. WatkinsCourt of Appeals of Kentucky · 1814
3Cited by50 opinions
- Newton v. . BronsonNew York Court of Appeals · 1856
- Mott v. . AckermanNew York Court of Appeals · 1883
- In re the Estate of PearsonsCalifornia Supreme Court · 1893
- Penn v. FoglerIllinois Supreme Court · 1899
- Warfield v. Brand's adm'rCourt of Appeals of Kentucky · 1877
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