Legal Opinion

Bunner v. Storm

New York Court of Chancery

Decided March 14, 1844PublishedCited by 5 opinions

The bill was filed on the 4th of January, 1843, by the acting executors of Thomas Storm, deceased, against his children, devisees and legatees, to settle the construction of his last will and testament, which was executed by him on the 30th of March, 1833. The testator left two sons, Garret and Stephen, and three daughters, Elizabeth Manning, Mary King, and Catherine, the wife of James Cooper.- He also left two" grandchildren, Thomas S. Bunner and Charles F. Bunner Jr. the…

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The bill was filed on the 4th of January, 1843, by the acting executors of Thomas Storm, deceased, against his children, devisees and legatees, to settle the construction of his last will and testament, which was executed by him on the 30th of March, 1833. The testator left two sons, Garret and Stephen, and three daughters, Elizabeth Manning, Mary King, and Catherine, the wife of James Cooper.- He also left two" grandchildren, Thomas S. Bunner and Charles F. Bunner Jr. the children of his deceased daughter, Hester. He had a fifth daughter,' Ann, who died in his life time, without issue. Two…

1Opinion of the Court

The Assistant Vice-Chancellor.

The first question presented, arises upon the power of sale conferred upon the executors in regard to the real estate,

The testator reposed upon their judgment, as to the t.imn manner, and terms of the sale ; but it was only to take place “if an equal, valid and satisfactory division thereof, in part or in whole, cannot otherwise be made.”

I am" satisfied that he intended to make the executors the judges of the necessity for a sale. If they became convinced that a partition, equal and satisfactory, would not be made among the devisees, either because of their legal…

2Cases cited1 opinion

  1. Sharp v. PrattNew York Supreme Court · 1836

3Cited by5 opinions

  1. Myres v. MyresNew York Supreme Court · 1862
  2. Manier v. PhelpsNew York Supreme Court · 1884
  3. Wickersham v. WickershamCalifornia Supreme Court · 1903
  4. Farmer v. KimballSupreme Court of New Hampshire · 1866
  5. Estate of Barrett, Superior Court of California, County of San Francisco1899

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