Legal Opinion

Matter of Easterly

New York Court of Appeals

Decided October 3, 1911PublishedCited by 11 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 28, 1910, which affirmed an order of Special Term directing a sale of certain real property as therein provided. The facts, so far as material, are stated in the opinion. The Special Term had no power to make the order appealed from.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 28, 1910, which affirmed an order of Special Term directing a sale of certain real property as therein provided. The facts, so far as material, are stated in the opinion. The Special Term had no power to make the order appealed from. (2 R. S. ch. 1, tit. 2, art. 2, § 65; Morris v. Siekley, 133 N. Y. 460; McManus v. McManus, 179 N. Y. 344; Matter of Hoffman, 201 N. Y. 255; Ham v. Van Orden, 84 N. Y. 27; Matter of Asch, 75 App. Div. 486; Matter of Roe, 119 N. Y. 509.) The…

1Opinion of the CourtChase, J.

John M. Easterly died Eovember 30, 1895, leaving a will which was admitted to probate on the 11th day of March, 1896, and letters testamentary were issued to the executrix and executors named in said will, viz.: Eliza H. Easterly, John J. Lamoree and Nathan 0. Reed. Nathan C. Reed was thereafter permitted to resign his trust and he died in December, 1902. After the commencement of this proceeding John J. Lamoree died, leaving Eliza H. Easterly the sole surviving executrix and trustee. By his will the testator recites that he has provided in part for his wife by deeding to her certain real…

2Cases cited5 opinions

  1. Moore v. LittelNew York Court of Appeals · 1869
  2. Losey v. . StanleyNew York Court of Appeals · 1895
  3. Stevenson v. . LesleyNew York Court of Appeals · 1877
  4. Stringer v. . YoungNew York Court of Appeals · 1908
  5. Doscher v. WyckoffAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by11 opinions

  1. Anderson v. WilsonSupreme Court of the United States · 1933
  2. Barker v. BarkerAppellate Division of the Supreme Court of the State of New York · 1916
  3. Matter of O'DonnellNew York Court of Appeals · 1917
  4. Haas v. HolmanOregon Supreme Court · 1933
  5. In re the Estate of TaittNew York Surrogate's Court · 1976

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