Davoue v. Fanning
New York Court of Chancery
THE plaintiff is an infant daughter of Frederick Davoue, deceased, who, by his last will, bequeathed to her, and her sister Ann, (one of the defendants, and wife of the defendant Fanning,) 5,000 dollars each, “ to be paid out of the bulk of the property,” when they should become of age, or marry.
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THE plaintiff is an infant daughter of Frederick Davoue, deceased, who, by his last will, bequeathed to her, and her sister Ann, (one of the defendants, and wife of the defendant Fanning,) 5,000 dollars each, “ to be paid out of the bulk of the property,” when they should become of age, or marry. The testator directed, that so much of his real estate, as should be necessary to furnish the sums he had therein before bequeathed to his children, should be sold at public auction, when his children should attain to full age, &c., and the remainder of his real estate to be leased or rented, by his…
1Opinion of the Court
The Chancellor.
1. The first question arising upon this case is, whether the sole acting executor, who was the defendant Henry Fanning, was authorized under the will, without the direction of this Court, to sell any part of the real estate.
If all the executors named had the power by the will, then the sole acting executor has the power by the statute, (N. R. L. vol. 1. p. 366.) on the neglect or refusal of the rest of the executors to act.
[ * 255 ]
The will directs that the real estate be sold at public vendue, when it shall become necessary to raise money for the legacies, or when all the…
2Cited by27 opinions
- Munson v. Syracuse, Geneva & Corning RailroadNew York Court of Appeals · 1886
- Dibert v. D'ArcySupreme Court of Missouri · 1913
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- Dennis v. McCaggIllinois Supreme Court · 1863
- Nabours v. McCordTexas Supreme Court · 1904
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