Sayles v. . Best
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made ¡November 22, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made ¡November 22, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff against defendants, as executors of Peter ¡K. Best, deceased, to recover a portion of the money received by them upon a sale of real estate of said testator, being the share of the testator’s son Alfred, plaintiff claiming the same as assignee of a judgment against him. Peter IL Best died February 17,…
1Opinion of the CourtMaynard, J.
Hpon the death of Peter K. Best in 1878, his son Alfred became seized of an estate in remainder in the equal undivided twelfth part of the homestead farm, liable to be defeated by the exercise of the power of sale by the executors. (4 R. S. [8th ed.] p. 2439, § 59.) With respect to the other farm the situation was different. Ho precedent estate in it was given to any one and no valid trust estate created in the executors. The utmost that can be said is that a power in trust was given to the executors to rent the lands until the youngest child became twenty-one, and then to sell and divide the…
2Cases cited2 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Reed & Van Wart v. UnderhillNew York Supreme Court · 1851
3Cited by22 opinions
- Beaver v. RossSupreme Court of Iowa · 1908
- Bank of Ukiah v. RiceCalifornia Supreme Court · 1904
- Williams v. LobbanSupreme Court of Missouri · 1907
- Rankine v. MetzgerAppellate Division of the Supreme Court of the State of New York · 1902
- Schlater v. LeeMississippi Supreme Court · 1918
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