Ayers v. Courvoisier
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Ayers, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk Of the county of Rockland on the 8th day of June, 1903.-' upon the decision of the court, rendered after a trial before the court without a jury at the Rockland Trial Term, dismissing- the complaint upon the merits.
1Opinion of the Court
Hooker, J. :
The question presented by this ap'peál is whether or not, under the terms of the '2d clause of the will of Garret Sarvent, the administrator with the will annexed .had power to sell the homestead plot. If he had such authority, the judgment must be. affirmed; otherwise, not.
*99The 2d clause of his will reads as follows: “It is also my will and I do hereby order and direct that my homestead plot * * * remain unsold and that my son Charles A. Sarvent and Cande his wife have the free use, occupation and control of the same during their natural lives or the. life of either, they,…
2Cases cited2 opinions
- Carpenter v. BonnerAppellate Division of the Supreme Court of the State of New York · 1898
- Huffmire v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- In re the Estate of CarrNew York Surrogate's Court · 1941
- In re the Estate of TaftNew York Surrogate's Court · 1932
- Southwest General Electric Co. v. Nunn Electric Co.Court of Appeals of Texas · 1924
- Smith v. BushNew York Supreme Court · 1908