Marsh v. Wheeler
New York Court of Chancery
David Marsh the elder, by his will, dated the thirteenth day of June one thousand eight hundred and thirty-one, after directing payment of his debts and devising a house and lot of land to his daughters for life, with remainder in fee to his grand-children, disposed of the residue of his estate in the following words: “ I will, order and direct that all the residue and remainder of my real and personal estate be sold, after the expiration of one year from the time of my…
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David Marsh the elder, by his will, dated the thirteenth day of June one thousand eight hundred and thirty-one, after directing payment of his debts and devising a house and lot of land to his daughters for life, with remainder in fee to his grand-children, disposed of the residue of his estate in the following words: “ I will, order and direct that all the residue and remainder of my real and personal estate be sold, after the expiration of one year from the time of my decease. And I hereby authorize and empower my executors and executrix to sell and convey the said rest, residue and…
1Opinion of the Court
The Vice-Chancellor:
The general question in this case is, whether the complainant, widow and administratrix of David Marsh the younger, is entitled to any share or portion of the estate of David Marsh the elder, and if so, how much ?
The real estate is not devised to the exeeutors, nor was the legal title vested in them by operation of law. And from not being expressly devised to any one, it descended to the heirs at law: subject to the power of sale conferred upon the executors. The power here given is a general one in trust, coming under the statute (1. R. S. 732. §. 77. 94.), and is…
2Cited by20 opinions
- Morse v. . MorseNew York Court of Appeals · 1881
- Harris v. FlyNew York Court of Chancery · 1839
- Carper v. CrowlIllinois Supreme Court · 1894
- Bredell v. CollierSupreme Court of Missouri · 1867
- Plummer v. RobertsSupreme Court of Missouri · 1926
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