In re Van Wyck
New York Court of Chancery
This was an application by tine of the three executors named in the will and codicils of J. Van Wyck, deceased, to be discharged from his trust, and tb leave the trust to be executed by the remaining executors. The testator gave certain portions of his real estate to some of his children, at specified prices, as a part of their shares of his estate.
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This was an application by tine of the three executors named in the will and codicils of J. Van Wyck, deceased, to be discharged from his trust, and tb leave the trust to be executed by the remaining executors. The testator gave certain portions of his real estate to some of his children, at specified prices, as a part of their shares of his estate. And he directed his executors to sell the residue of his real and personal property, at the expiration of two years, oras soon thereafter as could conveniently be done, and to convert the same into money, and securities for money, for the benefit…
1Opinion of the Court
The Chancellor.
I infer from the petition in this case, that the executors have not had a final settlement of their accounts, before the surrogate, as to the personal estate of the decedent. And it distinctly appears that they have not, to any considerable extent, executed the power in trust contained in the will, to sell the real, estate or to convert it into money, or securities for money, for the purposes of distribution. It is therefore very doubtful whether the duties which belong to the executors, in their common law character of executors, and those which devolve upon them strictly as…
2Cited by23 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Wood v. . BrownNew York Court of Appeals · 1866
- Leggett v. . HunterNew York Court of Appeals · 1859
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