Wells v. Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
- Appeal by the defendants, The Brooklyn Union Elevated Railroad Company 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 18th day of January, 1907, upoii the. decision of the court rendered after a trial at the Kings.County Special Term. ' . . ’ ■ • The action was brought to obtain a perpetual injunction against the .defendant to restrain it from maintaining' and operating its…
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- Appeal by the defendants, The Brooklyn Union Elevated Railroad Company 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 18th day of January, 1907, upoii the. decision of the court rendered after a trial at the Kings.County Special Term. ' . . ’ ■ • The action was brought to obtain a perpetual injunction against the .defendant to restrain it from maintaining' and operating its elevated railroad bn Myrtle avenue, Brooklyn, in front of the plaintiff’s abutting lot. The judgment grants the injunction…
1Opinion of the Court
Gaynor, J.:
While the first clause of the will contains an imperative direction to sell the real estate, and standing alone would convert the realty into personalty, it is modified by the next two clauses, which' make such sale depend on the discretion and consent of Herbert Fearn. It cannot take ■ place at all except by his consent. The corpus is left.undisposed of by the .will. The trust created is to collect the rents and pay expenses, and use one-half the net income to pay off the mortgage on the land and pay the other half over to Herbert Fearn until the land should be sold by his…
2Cases cited3 opinions
- Barber v. . CaryNew York Court of Appeals · 1854
- Kissam v. . DierkesNew York Court of Appeals · 1872
- Gulick v. . GriswoldNew York Court of Appeals · 1899
3Cited by3 opinions
- Wells v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Guaranty Trust Co. v. LewisNew York Supreme Court · 1937
- Phillips v. Brooklyn Union Elevated RailroadNew York Supreme Court · 1907