Howell v. Sebring
New Jersey Court of Chancery
This was a bill filed to sot aside a sale of real estate, made by tlie defendant as administrator de bonis non cum testamento annexo of Adam Smith, the grandfather of complainant. The circumstances under which the sale was made are fully stated in the Chancellor’s opinion. The grounds were— First. That the administrator had no authority to make the sale. Second.
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This was a bill filed to sot aside a sale of real estate, made by tlie defendant as administrator de bonis non cum testamento annexo of Adam Smith, the grandfather of complainant. The circumstances under which the sale was made are fully stated in the Chancellor’s opinion. The grounds were— First. That the administrator had no authority to make the sale. Second. That the sale was fraudulent, and made by collusion between the administrator and his son, the allegation of the bill being that the administrator had so conducted and managed the sale as to throw the property into the hands of his…
1Opinion of the Court
The Chancellor.
Adam Smith, of the county of Somerset, by his last will and testament, bearing date on the 5th December, 1823, devised the use of a moiety of the residue *87of lais real estate to his daughter Frances, the wife of John Van Nest, for her life, and on her death to the use of her husband, John Van Nest, for his life, and on the death of the husband, to his children by the said daughter of the testator in fee; and the testator by his will directed, that when the said land should belong to his said grandchildren, the surviving executors or executor might make sale of the said real…
2Cases cited5 opinions
- Commercial Trust Co. v. L. Wertheim Coal & Coke Co.New Jersey Court of Chancery · 1917
- In re the Estate of MannionSupreme Court of New Jersey · 1915
- Koch v. Commonwealth InsuranceNew Jersey Court of Chancery · 1917
- Lambert v. VareNew Jersey Court of Chancery · 1917
- Franklin Banks v. SimpkinsNew Jersey Court of Chancery · 1917