Gulick v. . Griswold
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1897, in favor of the defendant, upon submission of a controversy between the vendor and vendee of premises in the city of Dew York.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1897, in favor of the defendant, upon submission of a controversy between the vendor and vendee of premises in the city of Dew York. The case agreed discloses the following facts : The plaintiff’s testator, Isaac F. Jones, died in December, 1870, seized of the premises known as Do. 331 West Twenty-second street, in the city of Dew York, and leaving him surviving his widow, a daughter (the plaintiff), and two children of a deceased son. Both the widow and the daughter were of…
1Opinion of the Court
Parker, Ch. J.
Isaac F. Jones by his will authorized the executrix thereof, with the consent of her mother, to sell his real estate. Jones died in 1870, the mother of the executrix died in 1875, without having given her consent to a sale, and in 1896 the executrix attempted to exercise the power. The Appellate Division correctly decided that, at the time of the death of the mother, it was the law of this state that her death operated to terminate the power of sale. (Barber v. Cary, 11 N. Y. 397.)
The contention of the appellant that section 154 of the Real Property Law (L. 1896, ch. 547)…
2Cases cited1 opinion
- Barber v. . CaryNew York Court of Appeals · 1854
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