Doscher v. Wyckoff
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Maria Wyckoff, individually and as sole surviving executrix, etc., 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 lltli day of June, 1,968, upon the decision of the court, rendered after a trial at the Kings County Special Term, determining claims to real estate and establishing the validity of a certain deed.
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Appeal by the defendants, Maria Wyckoff, individually and as sole surviving executrix, etc., 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 lltli day of June, 1,968, upon the decision of the court, rendered after a trial at the Kings County Special Term, determining claims to real estate and establishing the validity of a certain deed. Henry L. Wyckoff died on the 28th day of January, 1879. . He was seized of an estate in fee simple in an undivided five-sixteenths of a farm in the then town of Hew…
1Opinion of the Court
Burr, J.:
The appellants contend that the deed executed by Maria Wyckoff to Edward E. Linton under the power of sale contained in the will of Henry L. Wyckoff was void because as Mrs. Wyckoff was, the sole surviving trustee of the trust created by said will and also the sole beneficiary thereof, she was incompetent to make such conveyance. (Haendle v. Stewart, 84 App. Div. 274;. Woodward v. James, 115 N. Y. 346; Greene v. Greene, 125 id. 506; Losey v. Stanley, 147 id. 560; Rogers v. Rogers, 111 id. 228.) This contention is based upon a misapprehension of the character and extent of the trust…
2Cases cited8 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Woodward v. . JamesNew York Court of Appeals · 1889
- Crooke v. . County of KingsNew York Court of Appeals · 1884
- People's Trust Co. v. . FlynnNew York Court of Appeals · 1907
- Putnam v. . Lincoln Safe Deposit Co.New York Court of Appeals · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re the Accounting of KroossNew York Court of Appeals · 1951
- Staples v. MeadAppellate Division of the Supreme Court of the State of New York · 1912
- Matter of EasterlyNew York Court of Appeals · 1911
- Heiferman v. ScholderAppellate Division of the Supreme Court of the State of New York · 1909
- In re TrevorNew York Surrogate's Court · 1922
13 more not listed; retrieve them via the Exa API.