In re the Judicial Settlement of the Account of Proceedings of Fagan
Appellate Division of the Supreme Court of the State of New York
Appeal by Benjamin Fagan, as executor, -etc., from a decree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 30th day of July, 1914. ■
1Opinion of the Court
Thomas, J.:
The respondents, under the will of their grandfather, each owned one-twelfth interest in land subject to a power of sale given to the executor. The respondents by quitclaim deed conveyed their interest in the land to their uncle, who was a devisee of one-third thereof. Later the executor sold at auction the land for the purposes of division amongst the devisees and *245the uncle bought it. Upon closing, the executor allowed the purchaser, upon the price, his interest in the devise and also $700, which would have been payable to the respondents had they not made the conveyance of their…
2Cases cited3 opinions
- Mellen v. . MellenNew York Court of Appeals · 1893
- Reed & Van Wart v. UnderhillNew York Supreme Court · 1851
- In re the Final Judicial Accounting of BedellNew York Surrogate's Court · 1910
3Cited by3 opinions
- Mayer v. CrandallAppellate Division of the Supreme Court of the State of New York · 1955
- Brennan v. Wilmington Trust Co.Superior Court of Delaware · 1924
- Harding v. O'MalleyAppellate Division of the Supreme Court of the State of New York · 1929