In Matter of Application, Etc., of Dolan
New York Court of Appeals
Appeals from orders of the General Term of the Supreme Court, in the first judicial department, made January 11,1882, which reversed orders of the surrogate of the county of Mew York, denying applications of the purchasers above named to be released from purchases made by them respectively, under a sale in the proceeding first above entitled; the orders of General Term granted the application.
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Appeals from orders of the General Term of the Supreme Court, in the first judicial department, made January 11,1882, which reversed orders of the surrogate of the county of Mew York, denying applications of the purchasers above named to be released from purchases made by them respectively, under a sale in the proceeding first above entitled; the orders of General Term granted the application. (Eeported below, 26 Hun, 46.) The petition of the executors of Peter Dolan, upon which the proceedings first above entitled were instituted, set forth, in substance, that their testator died in 1876,…
1Opinion of the CourtMiller, J.
The respondents refused to complete their respective purchases upon a sale made by an order of the surrogate of the city and county of Eew York, upon the ground that the title to the premises was defective. The alleged defects relate 'mainly to the proceeding before the surrogate which it is claimed is invalid, so that no title could be acquired. By the will of the testator three legacies were bequeathed to certain persons who were therein named, which were directed to be paid out of the rents, issues and profits of the real and leasehold estate and made a specific charge upon said estate.…
2Cited by9 opinions
- Devincenzi v. FigoneCalifornia Supreme Court · 1897
- Matter of TownsendNew York Court of Appeals · 1911
- Van Vleck v. EnosNew York Supreme Court · 1895
- In re the Estate of SlaterNew York Surrogate's Court · 1893
- In re John's EstateNew York Surrogate's Court · 1891
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