Jennings v. . Conboy
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the second judicial department, denying a motion; for a new trial, made under section 268 of the Code, after rendition of judgment directing the usual reference in an action for partition.
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Appeal from order of the General Term of the Supreme-Court in the second judicial department, denying a motion; for a new trial, made under section 268 of the Code, after rendition of judgment directing the usual reference in an action for partition. (Reported below, 10 Hun, 77.) This was an action of partition, brought by plaintiff as heir-at-law of John Jennings, deceased, under the provisions of the statute (§ 2, chap. 238, Laws of 1853), authorizing any heir, claiming a devise to be void, to prosecute for partition. Said John Jennings died in the city of New York on the 25th day of…
1Opinion of the Court
Earl. J.
The rights of the parties in this action depend upon the effect to be given to the following clause in the will of John Jennings: “1 give full power and authority and 'control to sell my property in Brooklyn to my sister, Mrs. Conboy, and to receive the rent Of it —house No. 865 Pacific street, Brooklyn.” The Supreme Court held this clause to be wholly invalid, because there was no object to support the power of sale, and that the real estate, therefore, descended to the heirs of the testator. In this we think there was error.
Prior to the Revised Statutes, the law of powers was…
2Cited by26 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- In Re the Estate of BrandrethNew York Court of Appeals · 1902
- Farmers' Loan & Trust Co. v. WinthropNew York Court of Appeals · 1924
- Mississippi Valley Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
- Sweeney v. . WarrenNew York Court of Appeals · 1891
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