Roome v. . Philips
New York Court of Appeals
This was a second appeal in the case reported 24 N. Y., 468. The plaintiff is there called the administratrix of an intestate, whereas, in fact, she was administratrix with the will annexed, the executor appointed by the testator having renounced. The executor was directed by the will to sell and convey all the testator’s “ real estate either at public or private sale, and -upon such terms as he may think proper and most beneficial.”
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This was a second appeal in the case reported 24 N. Y., 468. The plaintiff is there called the administratrix of an intestate, whereas, in fact, she was administratrix with the will annexed, the executor appointed by the testator having renounced. The executor was directed by the will to sell and convey all the testator’s “ real estate either at public or private sale, and -upon such terms as he may think proper and most beneficial.” The other facts sufficiently appear in the following opinion. ”
1Opinion of the Court
Denio, Ch. J.
This action was commenced in February, 1860, by Elisha Burrows, of whom the present plaintiff is the administratrix, with the will annexed. Its object was to compel the specific performance of a written contract, by which the defendant agreed to purchase of the original plaintiff a lot of land in the city of Hew York. The agreement, as set out in the complaint, bore date September 14th, 1859, and by its terms the plaintiff agreed to sell and convey to the defendant, and the latter agreed to purchase the lot in question for $4;000, the conveyance to be delivered on the 5th October…
2Cases cited1 opinion
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
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- Holly v. . HirschNew York Court of Appeals · 1892
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