Fritz v. Fritz
New York Supreme Court
Appeal from special term, New York county. Action by Charles C. Fritz against Emil W. Fritz for partition. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtVan Brtjnt, P. J.
Ib is the well-established rule that where a testator directs his executors to sell his real estate, and distribute the proceeds among persons named in his will, such real estate is deemed to be converted into personalty, and partition cannot be had. Underwood v. Curtis, 127 N. Y. 523, 28 N. E. Rep. 585; Robert v. Corning, 89 N. Y. 225-229; Morse v. Morse, 85 N. Y. 53-59; Power v. Cassidy, 79 N. Y. 602; Everitt v. Everitt, 29 N. Y. 39. This was the direction in the case at bar, and the fact that the executors were given some discretion as to the time of sale in no way changes the result of…
2Cases cited6 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Morse v. . MorseNew York Court of Appeals · 1881
- Everitt v. . EverittNew York Court of Appeals · 1864
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Power v. . CassidyNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hull v. McCrackenSupreme Court of Missouri · 1931
- John v. TurnerWest Virginia Supreme Court · 1939
- Cahill v. CahillNew Jersey Court of Chancery · 1901
- Allison v. CoffinNew York Supreme Court · 1925
- In re the Estate of LockwoodNew York Surrogate's Court · 1937