Haight v. . Brisbin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 23, 1883, which affirmed a judgment in favor of defendant, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The heirs cannot bring partition because the will has already converted the real estate into personal by a peremptory direction to sell.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 23, 1883, which affirmed a judgment in favor of defendant, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The heirs cannot bring partition because the will has already converted the real estate into personal by a peremptory direction to sell. (Morse v. Morse, 85 1ST. Y. 53.) The power to sell in this case is imperative and does not depend upon the will of the grantee. (1 R. S. 734, § 96.) The fact…
1Opinion of the CourtDanforth, J.
The object of this action is the removal of the defendant, Giles S. Brisbin, from the office of executor and trustee, to which he was appointed by the will of Catharine S. Bailey. The ground of action is his alleged neglect of duty in omitting to carry into effect the direction of the testatrix in regard to the conversion of certain real estate. The clause of her will upon which the plaintiffs rely, is as follows: “ I direct and empower my executors hereinafter named to sell and convey all the real estate of which I shall die seized, for the best price that can be obtained for the same, and…
2Cited by9 opinions
- Haight v. . BrisbinNew York Court of Appeals · 1885
- In re the Judicial Settlement of the Accounts of FriedlanderAppellate Division of the Supreme Court of the State of New York · 1919
- Walbridge v. Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Wilcox v. QuinbyNew York Supreme Court · 1892
- In re the Estate ArnsNew York Surrogate's Court · 1932
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