Demarest v. Ray
New York Supreme Court
THIS was a case settled and agreed upon by tbe respective parties, and submitted to the court under tbe provisions of section 372 of the code.
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THIS was a case settled and agreed upon by tbe respective parties, and submitted to the court under tbe provisions of section 372 of the code. It contained the following facts: On the 22d day of March, 1834, one Bicliard Bay, then of the city, county and state of New York, made his last will and testament, which contained, among other things, a clause “ authorizing and empowering his executors, if they should consider it advisable, to sell such number of lots, not exceeding twenty, (such lots to be of dimensions not exceeding twenty-five feet by one hundred feet,) as might be necessary to pay…
1Opinion of the Court
By the Court, Roosevelt, J.
This is a case agreed upon and submitted under the code, without pleadings or arguments. We have given to it all the “consideration” which,' without the aid of counsel, we could conveniently bestow, and have come to the conclusion that the points insisted on by the defendants are not well founded.
Mr. Richard Ray, by his will, authorized the executors, if they should consider it advisable, “ to sell such number of lots, not exceeding twenty,” of twenty-five by one hundred feet, as might be necessary to pay charges and assessments. A sale may be'made as well by an…
2Cited by3 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Farmers' L. & T. Co. v. EnoU.S. Circuit Court for the District of Southern New York · 1888
- Farmers' Loan & Trust Co. v. EnoUnited States Circuit Court · 1888