Jackson ex dem. Hunt v. Ferris
New York Supreme Court
THIS was an action of ejectment for land in the town of Flushing, in the county of Queens. The cause was tried before Mr. J. Van Ness, at the Queens' circuit,-in June, 1817. The plaintiff’s lessor claimed the premises as the only child and heir at law of Gilbert Field, who died in possession, about 28 years before the trial.
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THIS was an action of ejectment for land in the town of Flushing, in the county of Queens. The cause was tried before Mr. J. Van Ness, at the Queens' circuit,-in June, 1817. The plaintiff’s lessor claimed the premises as the only child and heir at law of Gilbert Field, who died in possession, about 28 years before the trial. After the death of her father, she married Thomas Hunt, who died in 1812. The defendant claimed as purchaser under a power of sale contained in the will of Gilbert Field, executed the 20th of February, 1788, and the material'parts of which are as follows : “ In the first…
1Opinion of the CourtYates, J.
The prim ciples which governed the decision of Franklin v. Osgood, in the court for the correction of errors, (14 Johns. Rep. 527.) and of Jackson v. Burtis, in this court, (Id. 391.) are *348applicable to, and fully decide, the present case. The case of essee Lessee Zeback v. Smith, (3 Binney, 69.) is also in point.
The testator, in the case before us, gives the power to sell to his executors without naming them, which shows that the authority intended to be given was viriute officii, and it being a power to sell for the purpose of paying debts, the exercise of it was necessary to effectuate his…
2Cited by8 opinions
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- Chandler v. RiderMassachusetts Supreme Judicial Court · 1869
- Clark v. HornthalMississippi Supreme Court · 1872
- Fitzgerald v. StandishTennessee Supreme Court · 1899
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