Wilder v. . Ranney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 17, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to compel a specific performance of a covenant in a lease, for a sale and conveyance of the demised premises. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 17, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to compel a specific performance of a covenant in a lease, for a sale and conveyance of the demised premises. The material facts are stated in the opinion. In making the residuary fund, and in collecting and paying over its income as directed by the will, the executors acted only as executors, and not as trustees.…
1Opinion of the CourtEarl, J.
In January, 1879, Henry D. Ranney died in the city of Hew York, leaving a last will and testament, in which he appointed Lafayette Ranney and Thomas Russell executors, who -were also to act as trustees in the execution of the provisions of the will. He gave and devised to his executors, for .the uses and purposes mentioned in his will, all his residuary estate, and directed them to consolidate it into a safe and permanent fund, which would yield a regular interest or income; gave them power to sell and convey real estate, loan and invest money as the best interests of his estate might,…
2Cases cited2 opinions
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Berger v. DuffNew York Court of Chancery · 1820
3Cited by14 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- Hadley v. HadleyIndiana Supreme Court · 1897
- Rabinovitz v. WilliamsonNew York Supreme Court · 1948
- Whitlock v. WashburnNew York Supreme Court · 1891
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