Taber v. Willets
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Martha T. Willets, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 2d day of November, 1895, upon the decision of the court rendered after a trial at the Queens Oounty Special Term.
1Opinion of the Court
Hatch, J.:
The facts are agreed upon, and the case presents only questions of ".law for solution.
The plaintiffs are the executors of the will of Stephen Taber, -deceased. Claiming to act under the will, they exposed for sale, at public auction, certain real estate devised by the testator, which was purchased by defendant at such sale, but who thereafter refused to complete the purchase, on the ground that the plaintiffs had no power to make the sale, and no authority to convey a good title to the land. "Thereupon this action was brought to compel a performance of the •contract of purchase, and…
2Cases cited5 opinions
- Mellen v. . MellenNew York Court of Appeals · 1893
- Crittenden v. . FairchildNew York Court of Appeals · 1869
- McDonald v. . O'HaraNew York Court of Appeals · 1895
- Cussack v. . TweedyNew York Court of Appeals · 1891
- Mellen v. BanningNew York Supreme Court · 1893
3Cited by12 opinions
- In re the Estate of BielbyNew York Surrogate's Court · 1915
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1900
- Martin v. AndrewsNew York Supreme Court · 1908
- In re RingNew York Surrogate's Court · 1916
- In re the Estate of FelloNew York Surrogate's Court · 1981
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