Herrick v. Grow
New York Supreme Court
Demurrer to declaration. The plaintiff declared on an agreement under seal, entered into between him and the defendants, wherein they are described as the administrators of the estate of J. Grow, deceased, and whereby they bound themselves to execute to the plaintiff a proper conveyance of a certain piece of land owned by their intestate, as soon as they could obtain a sale of the same under an order of the surrogate.
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Demurrer to declaration. The plaintiff declared on an agreement under seal, entered into between him and the defendants, wherein they are described as the administrators of the estate of J. Grow, deceased, and whereby they bound themselves to execute to the plaintiff a proper conveyance of a certain piece of land owned by their intestate, as soon as they could obtain a sale of the same under an order of the surrogate. The plaintiff, on his part, engaged to pay the defendant $555, by instalments at specified times, and to give certain securities for the same ; for the faithful performance of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I cannot distinguish this case from that of The Overseers of Bridgewater v. The Overseers of Brookfield, 3 Cowen, 299, where it was held, that until there is a deficiency of personal property to pay the debts of the intestate, the administrators have no control over the lands of the intestate ; and that until the authority is given to them to sell, any contract which they may make in relation *580to such sale is utterly void, and incapable of being enforced ej(]ie,. at ]avv or jn equity; and it was also there held that, it would be against the policy of the law to…
2Cited by6 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Bolt v. RogersNew York Court of Chancery · 1831
- Logan v. GigleySupreme Court of Georgia · 1850
- Hunter v. MarlboroU.S. Circuit Court for the District of Massachusetts · 1846
- Tufts v. TuftsU.S. Circuit Court for the District of Massachusetts · 1847
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