Farrar v. . McCue
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of defendant, entered upon an order made February 18, 1882, upon a case submitted under section 1279 of the Code of Civil Procedure.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of defendant, entered upon an order made February 18, 1882, upon a case submitted under section 1279 of the Code of Civil Procedure. The controversy was as to whether defendant, who had entered into a contract with plaintiff, as trustee under the will of Abram W. Jackson, for the purchase of a house and lot of which the testator died seized, was bound to complete the purchase. The will of Jackson after various legacies contained this clause: “ Sixth.—I give, devise and bequeath all the…
1Opinion of the CourtFinch, J.
It is unnecessary to determine whether the executors under the will of Jackson took a legal estate in the rest and residue Revised, or were merely donees of a power of sale given them to aid in the ultimate distribution. In the one event they took the fee as trustees, and no estate in the land went to the heirs at law by descent or devise; and in the other the fee passed to the devisees under the provisions of the will, but in either case the executors were at liberty to convey and could transfer a valid and perfect title to a purchaser. There were three of these executors. One of them died,…
2Cases cited1 opinion
- Delaney v. . McCormackNew York Court of Appeals · 1882
3Cited by6 opinions
- Sterling Organ Co. v. HouseWest Virginia Supreme Court · 1884
- Lahey v. . KortrightNew York Court of Appeals · 1892
- Hofferberth v. . NashNew York Court of Appeals · 1908
- Forman v. YoungAppellate Division of the Supreme Court of the State of New York · 1915
- Lahey v. KortrightThe Superior Court of New York City · 1888
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