In re McPherson
New York Surrogate's Court
Proceeding under section 2697 of the Code of Civil Procedure by the. executor of the last will and testament of Ella J. Miller, deceased, for an order of this court directing the executor to execute and deliver a deed.
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Proceeding under section 2697 of the Code of Civil Procedure by the. executor of the last will and testament of Ella J. Miller, deceased, for an order of this court directing the executor to execute and deliver a deed. On or about the 21st day of March, 1917, the testatrix and Frank T. Miller entered into a contract under seal by which it was provided that the testatrix having on that date sold and conveyed to Miller her farm in the town of Bovina, and having reserved the house and lot which was a part of said farm, it was covenanted and agreed that said Frank T. Miller should have the…
1Opinion of the Court
McNaught, S.
The facts are undisputed in this proceeding. The agreement made between the testatrix and Frank T. Miller on March 21,1917, was to all intents and purposes a contract for the conveyance of real estate which bound not only the parties, but their heirs, executors and administrators. The testatrix could not by any provision in her will or by any act of hers deprive Miller of his rights under such agreement. This fact is recognized by the language of the 2d paragraph of the will. The provision in both the contract and will is practically the same in regard to the time of performance.…
2Cases cited6 opinions
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Clark v. . WestNew York Court of Appeals · 1908
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
- Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Estate of WeinsaftMissouri Court of Appeals · 1983
- In re the Probate of the Will of WentworthNew York Surrogate's Court · 1947
- Weinsaft v. SmithMissouri Court of Appeals · 1983
- In re the Accounting of McArthurNew York Surrogate's Court · 1947