Legal Opinion

In re Chapter 52 of the Laws of 1909 & Acts Supplemental & Amendatory thereof for the Sale of Real Property Devised by & Under the Last Will & Testament of Callahan

New York Supreme Court

Decided June 15, 1916PublishedCited by 2 opinions

The nature of the motion and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtGiegerich, J.

This is a proceeding brought by the

life tenant under section 67 and the following sections of the Real Property Law for the sale of a number of parcels of real estate located in the city of New York. The will under which the property is held devises all of it to the testator’s daughter, the petitioner, for life, and on her death to her surviving issue. The will contains the further provision: “I direct and empower my said executors upon the death of my said daughter without issue as aforesaid, that is to say, as soon thereafter as is practicable, to sell all my real and personal estate at…

2Cases cited4 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Fleming v. . BurnhamNew York Court of Appeals · 1885
  3. Jordan v. . PoillonNew York Court of Appeals · 1879
  4. Wanser v. . De NyseNew York Court of Appeals · 1907

3Cited by2 opinions

  1. In re the Estate of NarwoodNew York Surrogate's Court · 1931
  2. In re the Accounting of QuirkNew York Surrogate's Court · 1956

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