Crittenden v. . Fairchild
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the second district, in favor of the plaintiffs, on a submission of a controversy under the Code. On the 31st of October, 1868, Eliza B. Sommers departed this life, at the city of Mew York, seized of. certain real estate, among which was a lot bounded on Minth street, in said city.
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Appeal from a judgment of the General Term of the Supreme Court, in the second district, in favor of the plaintiffs, on a submission of a controversy under the Code. On the 31st of October, 1868, Eliza B. Sommers departed this life, at the city of Mew York, seized of. certain real estate, among which was a lot bounded on Minth street, in said city. She left a last will and testament, naming the respondents herein as executors, which was duly admitted to probate by the surrogate of the county of Mew York, and letters testamentary were issued thereon, to said respondents, who thereupon duly…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only question presented in this case, is whether this will gives a valid power of sale to these executors, under which they can convey a good title to the premises in question, to the defendant. It is very clear to my mind that it does. The appellant's counsel claims and insists, that there is no positive trust created in this case, and that if a trust to sell can be implied, it would not be valid as a trust, because it is neither for the purpose of paying…
2Cited by40 opinions
- Morse v. . MorseNew York Court of Appeals · 1881
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Mellen v. . MellenNew York Court of Appeals · 1893
- Prentice v. . JanssenNew York Court of Appeals · 1880
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
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