Burnham v. White

Scott, J.:

This controversy comes before the court upon an agreed statement of facts, and involves the question whether or not the will of Mary A. H. Munroe, deceased, confers upon. her executors an/ implied power to sell her real estate, for it is'obvious a'nd conceded that the will contains no express power of sale. Upon the determination of that question depends the'-other, which is whether or not the defendant shall he required to accept the deed.tendered him by the plaintiffs in fulfillment of their contract to convey to him. a piece of real estate in the city of Mew York. The general…