New York Central Railroad v. First National Bank of Thousand Islands
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 14, 1920, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 14, 1920, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The power to sell contained in the will of William Roberts upon a contingency which occurred, was directory; hence the deed made by his executors and his widow to the plaintiff conveyed a title free from the lien of the defendant’s judgment upon the shares of his sons, Charles and George. (McReady v. Mel. L. Ins. Co., 83 Hun, 526; 148 N. Y.…
1Opinion of the CourtMcLaughlin, J.
On the 4th of November, 1905, William Roberts died, leaving him surviving his widow, Sarepta, two sons, George and Charles, and certain grandchildren. He left a will in which the two sons were *333named as executors. It was admitted to probate and letters testamentary issued to them. After certain specific bequests to the grandchildren and the two sons, the will provided: “ 3. All the rest, residue and remainder of my estate, real and personal, I give, devise and bequeath to my wife and two sons in the shares and proportions and in the manner now provided by laws of the State of New York for the…
2Cases cited7 opinions
- Ackerman v. . GortonNew York Court of Appeals · 1876
- Cussack v. . TweedyNew York Court of Appeals · 1891
- Sayles v. . BestNew York Court of Appeals · 1893
- Rankine v. MetzgerAppellate Division of the Supreme Court of the State of New York · 1902
- Rankine v. . MetzgerNew York Court of Appeals · 1903
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