Dunshee v. Goldbacher
New York Supreme Court
Submission of controversy without action. This was a controversy arising between James Dnnsbee, executor of Samuel Dunshee, deceased, and' Max Q-oIdbacher, submitted to the supreme court, at general term, in the first district, pursuant to section 372 of the Code of Procedure.
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Submission of controversy without action. This was a controversy arising between James Dnnsbee, executor of Samuel Dunshee, deceased, and' Max Q-oIdbacher, submitted to the supreme court, at general term, in the first district, pursuant to section 372 of the Code of Procedure. The statement of facts agreed on set forth, that in July, 1868, the parties agreed on a sale, by plaintiff to defendant, of three lots of land on the south side of One-hundred-and-forty-third-street, beginning five hundred feet west of Eleventh-avenue, or four hundred and seventy-five feet west of the boulevard, and…
1Opinion of the Court
By the Court.*—Sutherland, J.
Notwithstandzing the devise and bequest, in words, by the second clause of the will of Samuel Dunshee to his executors and executrix, of all his estate, real and personal, his real estate, on his death, vested in his four sons, John, William K., James and Henry W., subject to the gift, by the third clause, to his wife, of one-third of the income of his estate during her widowhood, and this gift, as to his real estate, was, in substance and effect, a devise of one-third of his real estate to her during her widowhood. The power of sale given to the executors *448by the…
2Cases cited1 opinion
- Richardson v. SharpeNew York Supreme Court · 1859