Lang v. Wilbraham
The Superior Court of New York City
Tras was an action to recover possession of an equal undivided tenth part of two houses and lots, in the city of New York, and was commenced on the 19th of May, 1851. It was tried before Mr. Justice Campbell, on the 28th January, 1853, by consent of the parties, without a jury.
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Tras was an action to recover possession of an equal undivided tenth part of two houses and lots, in the city of New York, and was commenced on the 19th of May, 1851. It was tried before Mr. Justice Campbell, on the 28th January, 1853, by consent of the parties, without a jury. The counsel for the plaintiff, to maintain the issue on his part, read in evidence the following stipulation, signed by the attorneys of the parties “ The parties hereto mutually agree to admit on the trial of this action, the following facts, subject to all legal exceptions to their relevancy and admissibility at the…
1Opinion of the Court
By the Court.
The main questions upon which this controversy turns, have been decided by this court in Lang v. Ropke, and as we see no reason to doubt the propriety of that decision, we shall certainly adhere to it. We must, therefore, hold that the provisions of the will created no undue suspense of the power of alienation ; and that the power of sale, given to the executors and trustees, was valid as a power in trust, and was duly exercised by the sale to Ropke.
Although by the terms of the will, the whole real estate of the testator vested in the executors at the time of his decease, yet as…
2Cited by7 opinions
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Penfield v. TowerNorth Dakota Supreme Court · 1890
- Tallman v. TallmanThe Superior Court of the City of New York and Buffalo · 1893
- Van Rensselaer v. OwenNew York Supreme Court · 1866
- Purton v. WatsonCity of New York Municipal Court · 1888
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