Abbott v. James
New York Supreme Court
The plaintiff claims that the defendant should be compelled to complete his purchase of certain real estate sold to him by the said plaintiff as administrator, etc., and pay over the balance of the purchase money, and the defendant resists the said claim, refuses to complete the purchase, and on his part seeks the return of the amount paid down at the time of the sale, on the ground that the plaintiff’s right to sell the said real estate is defective, and the power of sale…
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The plaintiff claims that the defendant should be compelled to complete his purchase of certain real estate sold to him by the said plaintiff as administrator, etc., and pay over the balance of the purchase money, and the defendant resists the said claim, refuses to complete the purchase, and on his part seeks the return of the amount paid down at the time of the sale, on the ground that the plaintiff’s right to sell the said real estate is defective, and the power of sale under which he claims to act is invalid, and that the plaintiff cannot convey to the defendant a good and merchantable…
1Opinion of the Court
Pratt, J.—On
the death of the testator, one-half the estate vested absolutely in the heirs-at-law subject to the
*600life estate of the widow. The residuary bequest being invalid, there was no conversion of the whole estate into personalty.
The case of Chamberlain v. Taylor (105 N. Y., 185; 7 N. Y. State R., 517) is a controlling authority upon this question. It is true in that case there was an attempt to create a trust, but in this case, like that of Chamberlain v. Taylor, there was no necessity for presuming a conversion in order to carry out the lawful purposes of the will. One-half the property…
2Cases cited2 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Kearney v. Missionary Society of St. Paul the ApostleNew York Supreme Court · 1879