Favill v. . Roberts
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. (Reported below, 3 Lans., 141.) This action was brought by the plaintiff to compel the defendants, heirs of John Roberts, to execute a conveyance to him of a certain farm in the town of Reading, in Schuyler county, which Lewis Roberts, one of the executors of the last will and testament of said John Roberts, agreed and undertook to convey to the plaintiff. The facts sufficiently appear in the…
1Opinion of the CourtGrover, J.
The complaint states that John Roberts died, seized of the premises in controversy subject to certain incumbrances, leaving a last will" by which he gave certain legacies to various of his children and heirs, and appointed several executors, among whom was his son Lewis Roberts, who qualified as such and entered upon the execution of the will. The will made no disposition of his real estate, or in any way charged the same with the payment of debts or legacies; nor did it confer any power upon the executors in respect thereto. Lewis Roberts, acting under the belief either that'the will did…
2Cases cited5 opinions
- Storrs v. BarkerNew York Court of Chancery · 1822
- Brewster v. . StrikerNew York Court of Appeals · 1848
- Wood v. . SeelyNew York Court of Appeals · 1865
- Striker v. . MottNew York Court of Appeals · 1863
- Higinbotham v. BurnetNew York Court of Chancery · 1821
3Cited by16 opinions
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Arlington State Bank v. PaulsenNebraska Supreme Court · 1899
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
- Hill v. BlackwelderIllinois Supreme Court · 1885
11 more not listed; retrieve them via the Exa API.