Hagemeyer v. Saulpaugh
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. This controversy arises out of a contract for the sale of certain real estate situate on the south side of East Eleventh street in the borough of Manhattan, city of New York. Plaintiffs, as surviving executors of the will of George Hagemeyer, deceased, entered into a contract with the defendant to sell and convey the said premises in fee simple absolute.
Read the full summary
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. This controversy arises out of a contract for the sale of certain real estate situate on the south side of East Eleventh street in the borough of Manhattan, city of New York. Plaintiffs, as surviving executors of the will of George Hagemeyer, deceased, entered into a contract with the defendant to sell and convey the said premises in fee simple absolute. At the time set for closing the contract both parties made tenders, the defendant of the purchase price and the plaintiffs…
1Opinion of the Court
Hatch, J.:
It is seen from the quoted paragraph of the will that the testator gives to his executors in trust all the rest, residue and remainder of his entire estate, both real and personal, remaining after the specific devise and bequests first above mentioned. The will then provides that tlie business conducted by the testator and his sons in his life*542time should be carried on and the Capital remain in the business until the youngest daughter Eva should attain the age of twenty-one years upon certain terms and conditions prescribed therein.. Aside from the property and capital invested in…
2Cases cited3 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- Haynes v. . ShermanNew York Court of Appeals · 1889
- Staples v. HawesAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by9 opinions
- Davis v. MacMahonAppellate Division of the Supreme Court of the State of New York · 1914
- In re Proving the Last Will & Testament of BerryAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Accounting of WatonNew York Surrogate's Court · 1954
- In re the Application for a Construction of the Will of ManningNew York Surrogate's Court · 1929
- Stanley v. PayneNew York Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.