Booraem v. Wells
New Jersey Court of Chancery
This Gause was heard upon, bill and answer. Complainants sue to set aside a sale of land made by the surviving executrix of A. Beach, deceased, whose legatees fiiey are as to one-fourth his estate, to recover their share of personalty, to annul letters granted to the executrix, and appoint a trustee to carry out the will. They urge— 1. The sale was void. The power given by the will to the executors was only to. be executed after the death of his son Evert.
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This Gause was heard upon, bill and answer. Complainants sue to set aside a sale of land made by the surviving executrix of A. Beach, deceased, whose legatees fiiey are as to one-fourth his estate, to recover their share of personalty, to annul letters granted to the executrix, and appoint a trustee to carry out the will. They urge— 1. The sale was void. The power given by the will to the executors was only to. be executed after the death of his son Evert. The last codicil in nowise changes the originally granted power. Power of sale must be olear. Power of sale can only be executed at the…
1Opinion of the Court
The Chancellor.
The bill in this case was exhibited by Georgiana Booraem,. Sarah Smedes, and-William Lyell, three legatees under the will of Abraham Beach, deceased. It asked for an account of his estate from the defendant Cornelia B. Lawrence, the surviving executrix, and the defendants Wells and Leupp, the executors of Hannah Rattoone, deceased, one of the executors of the will. It also sought to set aside a sale made by Cornelia B. Lawrence as executrix, of the real estate of Beach, now held in part by Thomas L. Wells, as trustee for his *91wife, Julia Wells, and in part by the defendant Henry…
2Cases cited2 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Richardson v. SharpeNew York Supreme Court · 1859
3Cited by1 opinion
- Oak Investment Corp. v. MartinNew Jersey Court of Chancery · 1930