Weinstein v. . Weber
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 3, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 3, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiff sued to compel the defendant, specifically, to perform his agreement to convey a clear title to certain real estate, as demanded by the terms of a contract between them ; or for the recovery back of the moneys paid by plaintiff upon the contract. The objection had been made to the title of the defendant that it was defective and unmarketable. The…
1Opinion of the CourtGray, J.
The courts below have held, under the provisions of the testator’s will, that the power of sale given to Mrs. Walli Goetz was not general and beneficial; that it was accompanied by a trust and that her children and those of the testator took vested remainders in the life estate devised to her. It was held that the power of sale given to her by the will had not been exercised, through the instrument indorsed upon the deed of Brown’s executors, and that it effected nothing more than a conveyance of her dower in the two-thirds devised to testator’s children and of her life estate in the…
2Cases cited4 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- In Re the Judicial Settlement of the Accounts of BlauveltNew York Court of Appeals · 1892
- Weinstein v. WeberAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by9 opinions
- Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
- Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
- Marsh v. . Consumers Park Brewing Co.New York Court of Appeals · 1917
- In re the Estate of SauerNew York Surrogate's Court · 2002
- Vanderpoel v. BurkeNew York Supreme Court · 1909
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