Miller v. . Wright
New York Court of Appeals
Appeal from order of the General Term of the Supreme ■Court in the second judicial department, made February 13, 1888, which affirmed an order of the Special Term, requiring the appellant to complete a purchase of certain premises sold under a decree in partition. The nature of the action and the facts are sufficiently stated in the opinion. The surviving children of Charles E. Miller, deceased, are seized in fee of a vested remainder under an express trust.
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Appeal from order of the General Term of the Supreme ■Court in the second judicial department, made February 13, 1888, which affirmed an order of the Special Term, requiring the appellant to complete a purchase of certain premises sold under a decree in partition. The nature of the action and the facts are sufficiently stated in the opinion. The surviving children of Charles E. Miller, deceased, are seized in fee of a vested remainder under an express trust. (3 R. S. [7th ed.] 2281, § 54; Id. 2176, § 13; Id. 2183, § 67; 4 Denio, 385; Cranston v. Plumb, 54 Barb. 516— 519; Stricker v.…
1Opinion of the CourtEarl, J.
This was an action to partition land, and the plaintiff derived his title to an undivided interest therein under •a deed executed to .him by Charles E. Miller, on the 26th day of February, 1876. It was a deed with full covenants, but, nevertheless, upon the following trusts, viz.: “ Upon the trust that the said party of the second part, his heirs and assigns, shall and do forthwith, or as soon as conveniently may be and in his own discretion, absolutely sell and dispose of so much of said premises, or any part, at public auction or otherwise, to the best purchaser and for the best price which…
2Cases cited2 opinions
- Morse v. . MorseNew York Court of Appeals · 1881
- Delafield v. . BarlowNew York Court of Appeals · 1887
3Cited by9 opinions
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Wanser v. . De NyseNew York Court of Appeals · 1907
- Farmers' Loan & Trust Co. v. PendletonAppellate Division of the Supreme Court of the State of New York · 1906
- Gillies v. LinscottSupreme Court of Kansas · 1915
- In re McCaffrey's EstateNew York Supreme Court · 1888
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