In re Boyd
New York Surrogate's Court
Pinal accounting of the éxecutor of John Boyd, deceased. By the third clause of the will, the testator made certain cash bequests, then by several succeeding clauses he gave various legacies.
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Pinal accounting of the éxecutor of John Boyd, deceased. By the third clause of the will, the testator made certain cash bequests, then by several succeeding clauses he gave various legacies. By the twelfth clause he gave all the rest, residue, and remainder of his estate, both real and personal, to his wife, subject to the power vested in his executors to sell, the proceeds of which were made expressly subject to the payment of the legacies, if the personalty shall be insufficient. By the thirteenth clause he gave discretion to his executors as to the time of sale of the real estate. By the…
1Opinion of the Court
The Surrogate.—It is claimed by the executor of decedent’s widow, that under section 69, 2 R. K, 1109 (6 ed.). the executors took no estate, but simply a power of sale, and until the exercise of that power, the devisee, the widow, was entitled to receive and appropriate the rents and profits of the real estate. That section provides that a devise of land to executors, &c.-, to be sold or mortgaged, where the trustees are not empowered to *156receive the rents and profits, vests no estate in the trustees, but the trust shall be held as a power, and the lands descend to the heirs, or pass to the…
2Cases cited4 opinions
- Crittenden v. . FairchildNew York Court of Appeals · 1869
- Allen v. . De WittNew York Court of Appeals · 1850
- Lindenberger v. MatlackU.S. Circuit Court for the District of Pennsylvania · 1822
- Pennoyer v. SheldenU.S. Circuit Court for the District of Southern New York · 1859
3Cited by1 opinion
- In re PerryNew York Surrogate's Court · 1893