Turco v. Trimboli
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Guiseppa Trimboli and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of September, 1911, upon the. decision of the court, rendered after a trial at the Kings County Special Term, in an action to recover money paid by the plaintiff to the defendants under the provisions of a contract for the sale and purchase ' of real property which the defendants…
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Appeal by the defendants, Guiseppa Trimboli and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of September, 1911, upon the. decision of the court, rendered after a trial at the Kings County Special Term, in an action to recover money paid by the plaintiff to the defendants under the provisions of a contract for the sale and purchase ' of real property which the defendants claimed to own, and which they undertook to convey by a good title in. fee simple.
1Opinion of the Court
Rich, J.:
The premises involved, with considerable other real property, was owned at the time of the death of Aaron Clark by him and Harriet A Anderson in common. Clark devised his undivided interest in said property to his executor in trust, *432for division, among his devisees and legatees, his will providing: “And as to my real estate in his discretion to sell and dispose of the same either at public or private sale for cash or on credit, or part cash and part credit as he shall deem most for the advantage of my estate.” The proceeds were to be divided between persons named in said will: The…
2Cases cited5 opinions
- Sweeney v. . WarrenNew York Court of Appeals · 1891
- Powers v. . BergenNew York Court of Appeals · 1852
- Moran v. JamesAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Probate of the Last Will & Testament & Codicils of ArensbergAppellate Division of the Supreme Court of the State of New York · 1907
- Foersch v. SchmittNew York Supreme Court · 1907
3Cited by3 opinions
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- United States v. BenedictCourt of Appeals for the Second Circuit · 1922
- Trimboli v. . KinkelNew York Court of Appeals · 1919