Barber v. . Cary
New York Court of Appeals
Anson Cary died on the 3d of May, 1842, leaving a last will and testament, by which he devised certain lands to Albert G. Cary, during his life and to his heirs, with a power to the said Albert Gr. Cary to sell the same, by and with the consent of his mother, Hannah Cary, and his brother, George A. Cary, the defendant. Hannah Cary died on the 9th of July, 1842, and before the execution of the power.
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Anson Cary died on the 3d of May, 1842, leaving a last will and testament, by which he devised certain lands to Albert G. Cary, during his life and to his heirs, with a power to the said Albert Gr. Cary to sell the same, by and with the consent of his mother, Hannah Cary, and his brother, George A. Cary, the defendant. Hannah Cary died on the 9th of July, 1842, and before the execution of the power. On or about the 19th of July, 1843, Albert G. Cary conveyed said lands to said George A. Cary, in trust; one of the purposes of which trust was to sell the whole or a part thereof, and out of the…
1Opinion of the Court
The 122d section of the statute in relation to powers provides, "that when the consent of a third person to the execution of a power is requisite, such consent shall be expressed in the instrument by which the power is executed, or shall be certified in writing thereon. In the first case, the instrument of execution; in the second, the certificate shall be signed by the party whose consent is required; and to entitle the instrument to be recorded, the signature must be proved or acknowledged in the same manner as if subscribed to a conveyance of lands." (1 R.S. 736.) The defendant in this…
2Cited by17 opinions
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- In Re Estate of SutcliffeSupreme Court of Kansas · 1967
- Gulick v. . GriswoldNew York Court of Appeals · 1899
- Webb v. . SweetNew York Court of Appeals · 1907
- Griswold v. PerryNew York Supreme Court · 1872
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