Bogert v. Hertell
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery, where the respondents were complainants, and the appellant and others were defendants. For the leading facts of the case, together with the opinions of the chancellor and vice-chancellor, see 9 Paige, 52 et seq.} and 3 Echo. Ch. Rep. 20, et seq. The will of John Dover being important to a proper understanding of the principal question, a more full statement of it than that contained in 9 Paige, is here given.
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Appeal from chancery, where the respondents were complainants, and the appellant and others were defendants. For the leading facts of the case, together with the opinions of the chancellor and vice-chancellor, see 9 Paige, 52 et seq.} and 3 Echo. Ch. Rep. 20, et seq. The will of John Dover being important to a proper understanding of the principal question, a more full statement of it than that contained in 9 Paige, is here given. After making certain provisions for the wife of Dover, which were declared to be in lieu of dower, the will proceeded as follows : “ Item.—I give and bequeath unto…
1Opinion of the Court
Nelson, Gh. J.
The great question in the case is, whether the assignment of the bond and mortgage by Van Beuren to Bogert, had the effect to transfer the legal interest therein, or, in other words, whether one of the executors was competent to sell and transfer this item of the assets of the estate, so as to give a complete title to the purchaser. The court below *495held, that notwithstanding the power given by the will to sell, and dispose of the real estate, and thus, in fact, to convert the mass into money, yet, after it had been thus converted, and existed in the hands of the executors in the…
2Cases cited2 opinions
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1812
- Hertell v.Van BurenNew York Court of Chancery · 1834