Bunce v. Vander Grift
New York Court of Chancery
This was an appeal from the decision of a vice chancellor denying an application for the dissolution of an injunction. The hill was filed by Bunce and wife, she being one of the children of J. F. Mason, deceased, for the partition of a lot in the city of New-York, and to restrain the defendants Gundrey and his wife, or either of them, from proceeding to sell the premises by virtue of a power of sale contained in the will of J. F. Mason.
Read the full summary
This was an appeal from the decision of a vice chancellor denying an application for the dissolution of an injunction. The hill was filed by Bunce and wife, she being one of the children of J. F. Mason, deceased, for the partition of a lot in the city of New-York, and to restrain the defendants Gundrey and his wife, or either of them, from proceeding to sell the premises by virtue of a power of sale contained in the will of J. F. Mason. The testator died in August, 1832, seized in fee of the premises, leaving Mrs. Bunce and five other children his only heirs at law; one of whom died previous…
1Opinion of the Court
The Chancellor.
The only allegations in the complainants’ bill which could have justified the issuing of an injunction in this cause are fully denied, not only by the answer of the appellants, but also by the answers of the other defendants; who have a common interest with the complainants in the proceeds of the real estate of which the testator died seized. For the purpose of disposing of the question arising on this appeal, therefore, I must consider it as true that the executrix and her husband were proceeding in perfect good faith to sell the real estate, for the purpose of dividing the…
2Cited by11 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Shaw v. ChambersMichigan Supreme Court · 1882
- Whitney v. CoapmanNew York Supreme Court · 1862
- Gano v. McCunnNew York Supreme Court · 1879
- Cadwallader v. EvansOhio Superior Court, Cincinnati · 1857
6 more not listed; retrieve them via the Exa API.