Mutual Life Insurance v. Woods
New York Supreme Court
Appeal from judgment on report of referee. Action by the Mutual Life Insurance Company of Hew York against Edwin B. Woods, to enforce specific performance of a contract to purchase land from plaintiff. Judgment was entered on report of a referee for plaintiff, and defendant appeals. The will of William H. Raynor, deceased, referred to in the opinion, provided, inter alia: “Fifthly.
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Appeal from judgment on report of referee. Action by the Mutual Life Insurance Company of Hew York against Edwin B. Woods, to enforce specific performance of a contract to purchase land from plaintiff. Judgment was entered on report of a referee for plaintiff, and defendant appeals. The will of William H. Raynor, deceased, referred to in the opinion, provided, inter alia: “Fifthly. I give, devise, and bequeath all the rest, residue, and remainder of my estate, real and personal, unto my executrix and executors hereinafter named, and the survivors and survivor of them, in trust, with power to…
1Opinion of the CourtVan Brunt, P. J.
The objection which is made to the title in this action arises from the claim of a defect of parties in a foreclosure suit through which the plaintiffs derived title, in that certain persons who are named as executors and trustees in the will of William H. Raynor, deceased, through whom this title was derived, and who never qualified as executors, were not made parties, and also because between the time of the commencement of the action and the entry of the judgment of foreclosure a daughter was born to one of the testator’s daughters, who is not made a party to the action, and who it is…
2Cited by1 opinion
- Scholle v. . ScholleNew York Court of Appeals · 1889