Butler v. Johnson
New York Supreme Court
Appeal from parts of a judgment, entered upon the trial of this action by the court at the Otsego Special Term. The action was brought to restrain the defendant, one of the executrices of the will of William P. Johnson, from exercising a power to sell the real estate of the deceased for the payment of certain debts and legacies.
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Appeal from parts of a judgment, entered upon the trial of this action by the court at the Otsego Special Term. The action was brought to restrain the defendant, one of the executrices of the will of William P. Johnson, from exercising a power to sell the real estate of the deceased for the payment of certain debts and legacies. At the testator’s death (June 21, 1871) he was indebted to Amasa Abbott in the sum of $500, to Harriet Oonkling in the sum of $400 and to Nicholas Yroman in the sum of $600. In January, 1872, a notice for the presentation of claims was published pursuant to an order,…
1Opinion of the Court
Follett, J.:
The defendant acquired no power to sell the land under the surrogate’s decree; her power to sell is derived solely from the will. Ten years seven months and twenty-three days elapsed between the probation of the will and the date of advertisement under which she attempted to sell. As against the devisees, the statute of limitations had run as. against these claims, notwithstanding the fact that judgment had been recovered upon them against the executrix. (Sharp v. Freeman, 2 Lans., 171; affirmed, 45 N. Y., 802; Raynor v. Gordon, 23 Hun, 264.) The statute (2 R. S., 101, 102, § 10)…
2Cases cited10 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Loder v. . HatfieldNew York Court of Appeals · 1877
- McCartee v. CamelNew York Court of Chancery · 1846
- Sharpe v. . FreemanNew York Court of Appeals · 1871
- Clark v. FordNew York Court of Appeals · 1867
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