Matter of O'Donnell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 15, 1917, which reversed an order of Special Term granting an application-for permission to sell real property of James O’Donnell, deceased, and denied said application. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 15, 1917, which reversed an order of Special Term granting an application-for permission to sell real property of James O’Donnell, deceased, and denied said application. The facts, so far as material, are stated in the opinion. The conveyance of the real property, the subject of the trust, in conformity with the order of the Special Term granting leave, etc., is not a conveyance in contravention of the trust, and is not obnoxious to the statute prohibiting such conveyance. (U. S.…
1Opinion of the CourtCollin, J.
The proceeding, instituted by a petition, is under sections one hundred and five and one hundred and seven of the Real Property Law (Cons. Laws, ch. 50). It seeks an order of the court authorizing and directing the petitioner, John H. O’Donnell, as successor trustee under the will of James O’Donnell, deceased, to sell the real estate devised to and controlled by the trustee. The Special Term granted the order, upon' conditions irrelevant to the question presented to us, which the Appellate Division reversed, and erroneously, upon the ground that the court had not the power to order the sale…
2Cases cited6 opinions
- Losey v. . StanleyNew York Court of Appeals · 1895
- Brevoort v. . GraceNew York Court of Appeals · 1873
- Powers v. . BergenNew York Court of Appeals · 1852
- Matter of EasterlyNew York Court of Appeals · 1911
- Thomson v. . Board of EducationNew York Court of Appeals · 1911
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3Cited by8 opinions
- In re the Estate of PulitzerNew York Surrogate's Court · 1931
- Gedney v. Marlton Realty Co.New York Court of Appeals · 1932
- In re the Trustees of the Estate & Property of the Diocesan ConventionNew York Surrogate's Court · 1984
- Bostwick v. HallAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of McCannNew York Surrogate's Court · 1962
3 more not listed; retrieve them via the Exa API.