Prentice v. Townsend
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward I. Townsend and others, from a judgment of the County Court of Rockland county in favor of the plaintiff, entered in the office of the clerk of said county on the 21st day of July, 1910, upon the verdict of a jury, and also from am order entered in said clerk’s office on the 25th day of July, 1910, denying the defendants’ motion for a new trial made unon the minutes.
1Opinion of the Court
Jenks, P. J.:
The objection to the title rested upon the facts that the realty was vested in the three defendants under the father’s will, and that the records showed the defendant E. I. Townsend, as sole executor of said will, conveyed the property to his two brothers, the other defendants, in 1895, who on the same day conveyed to him personally a one-third interest in the realty. There was or is no contention that there was leave of court for conveyance by the executor to himself. The title was rejected on February 17, 1909, and the accounts of the executor were not filed until June 4, 1909.…
2Cases cited6 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Earle v. . EarleNew York Court of Appeals · 1903
- Walton v. . MeeksNew York Court of Appeals · 1890
- Gardner v. . DembinskyNew York Court of Appeals · 1902
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3Cited by3 opinions
- Culbertson v. McCannSupreme Court of Oklahoma · 1983
- In re the Judicial Settlement of the Account of WalshNew York Surrogate's Court · 1926
- Schwimmer v. RothNew York Supreme Court · 1920