Chandler v. Thompson
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Stevens. George P. Pomeroy, of the State of Illinois, died in the year 1887, having first executed a will and a codicil thereto in due form of law to pass real estate, which will and codicil are as follows: “Know all persons, that I, George P. Pomeroy, now residing temporarily in Paris, Prance, do hereby make and publish this my last will and testament, and hereby revoke, cancel and annul the trust agreements executed by me…
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On appeal from a decree advised by Vice-Chancellor Stevens. George P. Pomeroy, of the State of Illinois, died in the year 1887, having first executed a will and a codicil thereto in due form of law to pass real estate, which will and codicil are as follows: “Know all persons, that I, George P. Pomeroy, now residing temporarily in Paris, Prance, do hereby make and publish this my last will and testament, and hereby revoke, cancel and annul the trust agreements executed by me to Edwin Cowles, L. Prentiss and Prank R. Chandler, and bearing date March 6th, 1883, and to Mrs. Elizabeth Cowles and…
1Opinion of the Court
The opinion of the conr-t was delivered by
Yan Syckel, J.
The only question in this case is whether, under the terms of this will and codicil, -the executor has power to sell the real estate of said testator.
*726In Sceger’s Executors v. Sceger, 6 C. E. Gr. 90, Chancellor Zabriskie said: “There is no authority or decision, so far as my researches have extended, which holds that in a will which contains no power or directions to sell, such power is created by implication, because necessary or convenient to enable executors to execute the directions of the will.”
In the later case of Haggerty v.…
2Cases cited8 opinions
- Roe v. . VingutNew York Court of Appeals · 1889
- Huse v. DenCalifornia Supreme Court · 1890
- Owen v. EllisSupreme Court of Missouri · 1876
- Blount v. MooreSupreme Court of Alabama · 1875
- Van Winkle v. FowlerNew York Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re McGovern's EstateMontana Supreme Court · 1926
- Braun v. MullerNew Jersey Court of Chancery · 1942
- Hill v. Van SantNew Jersey Court of Chancery · 1943
- Ryder v. RyderNew Jersey Court of Chancery · 1945
- Barr v. BoozNew Jersey Court of Chancery · 1924
4 more not listed; retrieve them via the Exa API.