Comrie v. Kleman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George E. Connie, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Yew York on the 6th day of May, 1913, dismissing the complaint upon the decision of the court after a trial at the Yew York Special Term.
1Opinion of the Court
Scott, J.:
The action is by a purchaser at a sheriff’s sale to compel the executors of John Schnugg, deceased, to pay over one-third of the proceeds of the sale of certain specified parcels of real estate.
John Schnugg died July 3, 1901, leaving real and personal estate. He had a son, Francis J. Schnugg, and'two daughters, and by his will he devised and bequeathed to his son, Francis J. Schnugg, one undivided one-third part of his real and personal estate. The other two-thirds he left in trust for his daughters. A power of sale was given to the executors and as the debts exceeded the amount of…
2Cases cited1 opinion
- Sayles v. . BestNew York Court of Appeals · 1893
3Cited by4 opinions
- Brennan v. Wilmington Trust Co.Superior Court of Delaware · 1924
- N.Y.C.R.R. Co. v. . First Nat. BankNew York Court of Appeals · 1922
- New York Central Railroad v. First National Bank of Thousand IslandsNew York Court of Appeals · 1922
- Weinstein v. HunterAppellate Division of the Supreme Court of the State of New York · 1950