Mellen v. Banning
New York Supreme Court
Appeal from circuit court, New York county. Action by Sarah E. Mellen against William C. Banning, individually, and as sole surviving executor of the last will and testament of Abner Mellen, deceased, Maria L. Kendall, Helen J. Banning, Abner M. Wilcox, and Winifred Wilcox.
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Appeal from circuit court, New York county. Action by Sarah E. Mellen against William C. Banning, individually, and as sole surviving executor of the last will and testament of Abner Mellen, deceased, Maria L. Kendall, Helen J. Banning, Abner M. Wilcox, and Winifred Wilcox. From an order of the circuit, dated October 30, 1890, denying defendants’ motion made on the minutes for a new trial; from an order of the special term, dated December 23, 1891, denying defendants’ motion to vacate said order denying the motion for a new trial; from an order of the special term, dated December 23, 1891,…
1Opinion of the Court
FOLLETT, J,
Under the fifth clause of the testator’s will, his devisees acquired the absolute fee of all the lands of which he died seised, subject to the execution of the power contained in the eighth clause. 1 Rev. St. p. 329, § 26; Mellen v. Banning, 60 Hun, 151,14 N. Y. Supp. 665; Clift v. Moses, 44 Hun, 312, affirmed 116 N. Y. 144, 22 N. E. Rep. 393. They took precisely the same estate that they would have done had all of the land been subject to a mortgage containing a power of sale, executed by the testator or by some former owner of the fee. The will did not convert the land into…
2Cases cited14 opinions
- United States v. FoxSupreme Court of the United States · 1877
- White v. . HowardNew York Court of Appeals · 1871
- Morse v. . MorseNew York Court of Appeals · 1881
- In the Matter of Will of FoxNew York Court of Appeals · 1873
- Hobson v. . HaleNew York Court of Appeals · 1884
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3Cited by12 opinions
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- Safford v. BurkeNew York Supreme Court · 1927
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