Marshall v. Carson
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Bird, whose opinion is reported in Carson v. Marshall, 10 Stew. Eq. 213.
1Opinion of the Court
The opinion of the court was delivered by
Knapp, J.
The appellants, ttie defendants below, were executors of the last will of David E. Marshall, deceased. The testator, at his death, left a large real estate, most if not all of which was to some extent encumbered by mortgage, and there were judgments recovered against him in his lifetime, to the amount of about $14,000, upon which executions had issued and were in the hands of the sheriff at the time of his death.
By his will he empowered and directed his executors to make sale of so much and such parts of his lands as they should select for…
2Cases cited8 opinions
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- Lytle v. . BeveridgeNew York Court of Appeals · 1874
- Case v. . CarrollNew York Court of Appeals · 1866
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3Cited by4 opinions
- Braman v. Central Hanover Bank Trust Co.New Jersey Court of Chancery · 1946
- Errico v. ScopollittiNew Jersey Court of Chancery · 1942
- Pashkow v. FrankelNew Jersey Court of Chancery · 1927
- Presbyterian Church v. Plainfield TrustNew Jersey Court of Chancery · 1947