Niles & Sherwood v. Stevens
New York Supreme Court
Ejectment for a farm of 100 acres in Little Falls, Herkimer county, tried in that county in September, 1844, before Willard, Cir. Judge. James A. Sheiwood, of Little Falls, died seized of the premises in question in 1825, having previously, in that year, made his last will and testament, which has been proved and recorded as a will of real estate; by which will, in the first clause, he appointed his wife Alida, and his brother-in-law John Hayes, executors.
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Ejectment for a farm of 100 acres in Little Falls, Herkimer county, tried in that county in September, 1844, before Willard, Cir. Judge. James A. Sheiwood, of Little Falls, died seized of the premises in question in 1825, having previously, in that year, made his last will and testament, which has been proved and recorded as a will of real estate; by which will, in the first clause, he appointed his wife Alida, and his brother-in-law John Hayes, executors. He then proceeds— I£ and desiring to make suitable provision for the speedy collection of the demands due and to become due me, and the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
At the common law, when executors have-a mere naked power to sell lands, they must all join in the conveyance, or the title will not pass. But under our statute, which is much like the 21 H. 8, c. 4, if any of the executors refuse or neglect to act, the sale may be made by those who take upon.themselves the execution of the will. (1 R. L. 366, § 11; 2 R. S. 109, § 55.) If the executors are not directed by the will to sell, but only have authority in their discretion to make sales, it has been held in Kentucky that the case is not within the statute, and all must…
2Cases cited7 opinions
- Clay v. HartCourt of Appeals of Kentucky · 1838
- Wooldridge's heirs v. WatkinsCourt of Appeals of Kentucky · 1814
- Roseboom v. MosherNew York Supreme Court · 1846
- King v. DonnellyNew York Court of Chancery · 1835
- Lessee of Zebach v. SmithSupreme Court of Pennsylvania · 1810
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Leggett v. . HunterNew York Court of Appeals · 1859
- Clark v. HornthalMississippi Supreme Court · 1872
- Dodge v. StickneySupreme Court of New Hampshire · 1882
- Leggett v. HunterNew York Court of Appeals · 1859