Benedict v. . Webb
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 11, 1884, which directed judgment in favor of plaintiffs upon a case submitted. The question submitted was as to whether defendant should be compelled to perform a contract for the purchase by him, from plaintiffs, as executors of the will of James Benedict, deceased, of certain real estate, of which their testator died, seized.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 11, 1884, which directed judgment in favor of plaintiffs upon a case submitted. The question submitted was as to whether defendant should be compelled to perform a contract for the purchase by him, from plaintiffs, as executors of the will of James Benedict, deceased, of certain real estate, of which their testator died, seized. The facts submitted so far as material appear in the opinion. The will created a trust estate in the executors, and not a power in…
1Opinion of the CourtAndrews, J.
By the will of J ames Benedict, his executors and trustees were authorized to sell his real estate if they should deem it expedient for the purpose of making the division directed in the will, or for carrying into effect all or any ■ other of the purposes and trusts therein specified. The testator died in 1840, seized of the real estate embraced in the contract of sale, the validity of which, and of the title tendered thereunder, is the matter in controversy. The contract dated August 4, 1883, is between Theodore H. Benedict, as sole surviving executor of James Benedict, and the defendant,…
2Cases cited1 opinion
- Post v. . HoverNew York Court of Appeals · 1865
3Cited by42 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- In Re the Will of HornerNew York Court of Appeals · 1924
- Matter of GallienNew York Court of Appeals · 1928
- Underwood v. . CurtisNew York Court of Appeals · 1891
- In Re the Accounting of ProssNew York Court of Appeals · 1936
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