Allen v. . De Witt
New York Court of Appeals
Appeal from the supreme court. The case was .this: The late Simeon De Witt died on the 3d of December, 1834, leaving a will bearing date the 9th of September in that year, which, after making certain special devises and bequests, proceeded as follows: “I empower my executors to sell all my estate, both real and personal, not specially bequeathed or devised, in such parcels, at such times, and for such considerations as they shall judge proper for the purpose of discharging…
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Appeal from the supreme court. The case was .this: The late Simeon De Witt died on the 3d of December, 1834, leaving a will bearing date the 9th of September in that year, which, after making certain special devises and bequests, proceeded as follows: “I empower my executors to sell all my estate, both real and personal, not specially bequeathed or devised, in such parcels, at such times, and for such considerations as they shall judge proper for the purpose of discharging my debts and creating funds for the support of my family, and on such sales to give the proper legal conveyances.” “…
1Opinion of the CourtGardiner, J.
The question presented by this cause is, whether the power given to the executors to sell the real estate of the testator, was well executed by the conveyance to Hubbell.
The general rule is, “ that to the due execution of a power, there must be a substantial compliance with every condition required to precede or accompany its exercise.” (Chance on Powers, 172, § 454; 1 R. S. 737, § 121.) The condition in this will is, that after the debts of the testator shall have been paid, the avails of his property should .be equally divided between his children. By avails I understand cash, or…
2Cited by12 opinions
- Scholle v. . ScholleNew York Court of Appeals · 1889
- Rannels v. RoweCourt of Appeals for the Eighth Circuit · 1906
- Cordes v. HardingCalifornia Court of Appeal · 1915
- Woerz v. . RademacherNew York Court of Appeals · 1890
- Harris v. . StrodlNew York Court of Appeals · 1892
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