Lent v. . Howard
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 the second Tuesday of June, 1881, which affirmed a judgment entered upon the report of a referee.
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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 the second Tuesday of June, 1881, which affirmed a judgment entered upon the report of a referee. This action was brought by plaintiffs, the widow and only child of John H. Lent,. late of Le Eoy, Genesee comity, who died June 20, 1863, against defendants as executors and trustees under the will of said deceased, for an .accounting, and for an extinguishment of the unexecuted trusts under the will and transfer to plaintiffs of the residue of the estate. The material…
1Opinion of the Court
Andrews, Oh. J.
We are of opinion, that the executors were properly held to account for the rents and profits of the real estate received by them, and for the proceeds of sales of real estate made under the power conferred by the will.
It is undoubtedly true, that the executors did not take a legal estate in the lands of the testator. They were vested simply with a power of sale, and there being no specific devise of the lands, the title descended to the heirs of the testator, subject to the execution of the power (1 R. S. 722, § 56), and the right of possession followed the legal title. But…
2Cases cited9 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Phelps' v. . PondNew York Court of Appeals · 1861
- Collier v. . MunnNew York Court of Appeals · 1869
- Graff v. . BonnettNew York Court of Appeals · 1865
- Stagg v. . JacksonNew York Court of Appeals · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Ford v. FordWisconsin Supreme Court · 1887
- Stringer v. . YoungNew York Court of Appeals · 1908
- Hobson v. . HaleNew York Court of Appeals · 1884
107 more not listed; retrieve them via the Exa API.