Holly v. . Gibbons
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The plaintiff’s testator was the administrator of Betsy Ann Gibbons, who was the widow of Ransom H. Gibbons, and, as a creditor of the latter’s estate, upon a promissory note given to his intestate by her husband in his life-time, for the sum of $2,800, payable one year after date and carrying interest at five per cent, and in his…
1Opinion of the CourtGray, J.
The judgment, which the plaintiff now has, validates the claim against the testator’s estate and authorizes the disposition of the real estate devised by the will, by a sale, for the purpose of satisfying the amount found to be due. In so far as the plaintiff seeks the equitable intervention of the court to compel the exercise by the executor of the power of sale contained in the will, the action is clearly maintainable; assuming that the debt has been conclusively established. The testator expressly empowered his executor to sell the “ Jay Gibbons farm,” “ for the purpose of paying debts and…
2Cases cited3 opinions
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Matter of GantertNew York Court of Appeals · 1892
- In Re the Estate of CallahanNew York Court of Appeals · 1897
3Cited by9 opinions
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- American Tri-Ergon Corp. v. Ton-Bild Syndikat, A. G.Appellate Division of the Supreme Court of the State of New York · 1934
- Walbridge v. Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- In re the Accounting of HarveyNew York Surrogate's Court · 1951
- In re the Final Judicial Settlement of the Accounts of DygertAppellate Division of the Supreme Court of the State of New York · 1934
4 more not listed; retrieve them via the Exa API.