Eells v. Lynch
The Superior Court of New York City
This was a case submitted to the Court at General Term, for its judgment-, upon an agreed statement of facts made pursuant to section 372 of. the Code of Procedure. The question was, whether the executors of John Eandell, by virtue of the power contained in his will, can convey and give a good and valid conveyance to James Lynch, as purchaser, at a sale by auction, made by said executors, of five lots of land on 113th street in the Oity of Hew York.
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This was a case submitted to the Court at General Term, for its judgment-, upon an agreed statement of facts made pursuant to section 372 of. the Code of Procedure. The question was, whether the executors of John Eandell, by virtue of the power contained in his will, can convey and give a good and valid conveyance to James Lynch, as purchaser, at a sale by auction, made by said executors, of five lots of land on 113th street in the Oity of Hew York. The provisions of the testator’s will, so far as material to the case, were as follows: “ Thirdly.—In order that my wife and family may have a…
1Opinion of the CourtHoffman, J.
The whole income of the estate, real and personal, is disposed of, and directed to be appropriated until the youngest child of the testator attained the age of 21 years. There is no appropriation, except of a part next to be noticed, Avhich can extend beyond that event. Even the bequests of the residue of the income to his wife, after the particular appropriation, are restricted to that period, and provided she continued unmarried. The appropriation in the sixth clause, of the interest of $3,000 *475for the life of the wife, of itself is perfectly legal, if the power of sale can be well executed.
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2Cases cited4 opinions
- Boynton v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hone's Executors v. Van SchaickNew York Supreme Court · 1838
- Mason v. JonesNew York Supreme Court · 1848
- McGowan v. McGowanThe Superior Court of New York City · 1853
3Cited by5 opinions
- Farmers' Loan & Trust Co. v. ShawNew York Supreme Court · 1907
- Cassidy v. SavageNew York Supreme Court · 1934
- Farmers' Loan & Trust Co. v. ShawAppellate Division of the Supreme Court of the State of New York · 1908
- Gano v. McCunnNew York Supreme Court · 1879
- Garvey v. McDevittNew York Supreme Court · 1877