Terwilliger v. Brown
New York Supreme Court
THIS was an action brought by a residuary devisee, to set aside a sale of certain real estate of Joseph Ellis, deceased, made by order of the surrogate of Ulster county, upon the application of David Ellis, the executor of said Joseph, for the payment of debts. The cause was tried at the Ulster circuit on the 21st day of January, 1863, by the court, without a jury.
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THIS was an action brought by a residuary devisee, to set aside a sale of certain real estate of Joseph Ellis, deceased, made by order of the surrogate of Ulster county, upon the application of David Ellis, the executor of said Joseph, for the payment of debts. The cause was tried at the Ulster circuit on the 21st day of January, 1863, by the court, without a jury. The facts found by the court, and the conclusions of law, are substantially as follows: That the will of Joseph Ellis, deceased, was duly admitted to probate by the surrogate of the county of Ulster, and letters testamentary issued…
1Opinion of the Court
By the Court, Ingalls, J.
The principal question arising upon the facts found in this case, is whether Brown and Ellis acquired a valid title to the property sold at the executor’s sale. Ellis was the executor, and Brown was his surety, and the auctioneer who sold the property by the procurement of Ellis. Previous to the confirmation of the sale, by the surrogate, Brown contracted with Ellis to sell and convey to him one undivided half of the premises ; which contract was consummated by a conveyance by Brown to Ellis subsequent to such confirmation, and upon the same day that Ellis, as…
2Cases cited4 opinions
- Conger v. RingNew York Supreme Court · 1851
- Rea v. M'EachronNew York Supreme Court · 1835
- Moore v. . MooreNew York Court of Appeals · 1851
- Best v. StarksNew York Supreme Court · 1859
3Cited by1 opinion
- Moore v. . MooreNew York Court of Appeals · 1851