Penfield v. Tower
North Dakota Supreme Court
PPEAL from district court, Cass county; Hon. "William B. McConnell. Judge. argued: That the will did not direct a conversion of the real property into personalty;-that there was no express direction to sell the realty; nor does it express any clear intention that the realty should be converted.
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PPEAL from district court, Cass county; Hon. "William B. McConnell. Judge. argued: That the will did not direct a conversion of the real property into personalty;-that there was no express direction to sell the realty; nor does it express any clear intention that the realty should be converted. That the test is: Has the will absolutely directed that the real estate be turned into personal; Pomeroy’s Equity, §§ 1159-60; Hobson v. Hale, 95 N. Y. 88; Brewer v. Brewer, 18 N. Y. Supreme Ct. 147; Parker v. Linden 113 N. Y. 28; Scholle v. Scholle, id. ib. 261; Hunt’s Appeal, 105 Pa. St. 128;…
1Opinion of the CourtCorliss, C. J.
The disposition of this case depends upon the validity of a trust attempted to be created by the will of *218Charlemagne Tower, so far as real estate situated in this state is concerned. The plaintiff by this action seeks to recover $250 paid by him to defendants under a contract for the sale and purchase of real estate owned by Charlemagne Tower in his life-time, the defendants acting as trustees under his will in making the contract, and agreeing to refund to plaintiff the money in case they could not convey a perfect title. A deed having been tendered by defendants, as trustees, plaintiff…
2Cases cited28 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Smith v. . EdwardsNew York Court of Appeals · 1882
- White v. . HowardNew York Court of Appeals · 1871
- Lent v. . HowardNew York Court of Appeals · 1882
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3Cited by25 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Campbell-Kawannanakoa v. CampbellCalifornia Supreme Court · 1907
- Becker v. ChesterWisconsin Supreme Court · 1902
- Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
- In re Estate of SanfordSupreme Court of Iowa · 1919
20 more not listed; retrieve them via the Exa API.