Ogsbury v. . Ogsbury
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 17, 1888, which affirmed a judgment entered upon-a verdict in favor of plaintiff, directed by the court on trial at circuit. The nature of the action and the facts are sufficiently set forth in the opinion. The provisions of the will referred to therein are as follows: “Second.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 17, 1888, which affirmed a judgment entered upon-a verdict in favor of plaintiff, directed by the court on trial at circuit. The nature of the action and the facts are sufficiently set forth in the opinion. The provisions of the will referred to therein are as follows: “Second. I will and direct that my executrix hereinafter named shall sell all my real estate, except that hereby willed to John D. L. Ogsbury, within five years from the date of my decease, and at…
1Opinion of the CourtFinch, J.
It is claimed that the plaintiff, who sues in her representative capacity as the executrix of the will of Daniel Ogsbury, cannot maintain this action at all, because no trust was created by force of which the title to the real estate vested in her, and the action was to recover damages for a trespass upon lands which, as executrix, she neither owned nor possessed. The plaintiff claimed that there was an equitable conversion of the land into money by force of which she was entitled to recover the damages as belonging to her and constituting a part of the fund, which she was directed to receive…
2Cases cited1 opinion
- Lent v. . HowardNew York Court of Appeals · 1882
3Cited by5 opinions
- Metropolitan Trust Co. v. KransAppellate Division of the Supreme Court of the State of New York · 1919
- Raleigh v. WellsUtah Supreme Court · 1905
- Stephens v. StephensUtah Supreme Court · 1917
- In re Faulkner's EstateNew York Supreme Court · 1890
- Bohn v. HatchThe Superior Court of the City of New York and Buffalo · 1891