Legal Opinion

Hatt v. Rich

New Jersey Court of Chancery

Decided March 26, 1900PublishedCited by 7 opinions

On bill for specific performance and answer. On bill for partition and answer. In the first of these suits, the executors of William King’s will seek to compel the performance of a contract they made with the defendant Rich, to convey the homestead property of Mr. King, in East Orange, under a power of sale in his will. This suit is defended because it is contended that the executors’ power of sale is not efficient to convey a merchantable title.

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On bill for specific performance and answer. On bill for partition and answer. In the first of these suits, the executors of William King’s will seek to compel the performance of a contract they made with the defendant Rich, to convey the homestead property of Mr. King, in East Orange, under a power of sale in his will. This suit is defended because it is contended that the executors’ power of sale is not efficient to convey a merchantable title. In the second suit, Backus, the complainant, is the purchaser .of an undivided one-seventh share of the estate of William King, including his…

1Opinion of the Court

Grey, V. C.

The testator, William King, died seized of an estate in fee-simple. The effect of his will in disposing of his real estate waste devise to his wife an estate during her life, in the whole of it, for certain prescribed uses, and, upon his wife’s death, to such-of his daughters as were then unmarried an estate in his homestead and its equipment during their lives, which was subject to-be defeated by their marriage, or their ceasing to occupy the homestead as a residence; and to his seven children a remainder in fee in the whole estate, including the homestead, which, sub*498ject to the…

2Cases cited2 opinions

  1. Jackson ex dem. Decker v. MerrillNew York Supreme Court · 1810
  2. Lazear v. American Steel FoundriesNew Jersey Court of Chancery · 1915

3Cited by7 opinions

  1. Fidelity-Philadelphia Trust Co. v. HarloffNew Jersey Court of Chancery · 1943
  2. Brace v. BlackNew Jersey Superior Court Appellate Division · 1958
  3. Trenton v. HowellNew Jersey Court of Chancery · 1942
  4. Owens v. GachetSupreme Court of Alabama · 1922
  5. Sigmon v. SigmonNew Jersey Court of Chancery · 1946

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