Kinnier v. . Rogers
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial district, reversing a judgment, rendered on a demurrer to the complaint, in favor of the defendant.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial district, reversing a judgment, rendered on a demurrer to the complaint, in favor of the defendant. The action was brought to compel the defendant to complete his purchase, under a contract between the parties for the sale and purchase of a house and lot in the city of New York, at the price of $31,000. The complaint set out the will of one David Sampson, which, first, ordered the payment of debts and funeral expenses; second, third, fourth, fifth and sixth, gave certain annuities and legacies; seventh,…
1Opinion of the Court
The question presented by this appeal is, whether the executors of the will of David Sampson had authority, under the power of sale therein given, to convey the land in question to the plaintiff. The will does not in express terms charge it with the payment either of debts, annuities or legacies given thereby, nor do I find anything therein from which an intention to make such charge can be inferred or properly implied. After a general direction to pay debts and funeral expenses, and the bequests of the annuities to his brother and sister, and certain general legacies, and a provision for a…
2Cited by42 opinions
- Morse v. . MorseNew York Court of Appeals · 1881
- Matter of City of RochesterNew York Court of Appeals · 1888
- Erwin v. . LoperNew York Court of Appeals · 1871
- West v. WestAppellate Division of the Supreme Court of the State of New York · 1926
- Matter of GantertNew York Court of Appeals · 1892
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