Kortright v. Storminger
New York Supreme Court
Submission upon an agreed state of facts. This case was submitted upon an agreed statement of facts. 1 Bev. St. 728,. § 55, provides that “express trusts may be created * * * (2) to sell,, mortgage, or lease lands for the benefit of legatees; * * * (3) to receive-the rents and profits of lands, and apply them to the use of any person, during the life of such person.”
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Submission upon an agreed state of facts. This case was submitted upon an agreed statement of facts. 1 Bev. St. 728,. § 55, provides that “express trusts may be created * * * (2) to sell,, mortgage, or lease lands for the benefit of legatees; * * * (3) to receive-the rents and profits of lands, and apply them to the use of any person, during the life of such person.” Id. 732, § 77, provides that “a power is general when it authorizes the alienation in fee, by means of a conveyance, will, orcharge of the lands embraced in the power, to any alienee whatever.” Id. 730, § 68, provides that, “upon…
1Opinion of the CourtMagomber, J.
Upon the facts submitted, the sole question is whether or not the plaintiff- tendered to the defendant a good title to the premises .which. *881were sold to her at public auction. This is to be determined by the provisions of the will of Nicholas G. Kortright, who died before the 1st day of April, 1874, in possession and owner in fee-simple of these with other premises. By the third item of his will, he directed that all of his property, both real and personal, after the payment of the debts, should be equally divided between his wife and children, and directed the executors to divide the same…
2Cited by4 opinions
- Lahey v. . KortrightNew York Court of Appeals · 1892
- Benedict v. DunningAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Estate of PowersAppellate Division of the Supreme Court of the State of New York · 1923
- Lahey v. KortrightThe Superior Court of New York City · 1889