Stagg v. . Jackson
New York Court of Appeals
Appeal from Chancery. Ahraham Stagg died in 1835, having first made his last will and testament whereby he devised and bequeathed to his executors all his estate, real and personal, in trust, to sell such estate, or any part of it, whenever they should see fit, with authority also to lease the same for a life or lives or for years, and to invest the monies arising from the sale or the leasing, in bonds and mortgages, or in stocks, and to change the investment as often as…
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Appeal from Chancery. Ahraham Stagg died in 1835, having first made his last will and testament whereby he devised and bequeathed to his executors all his estate, real and personal, in trust, to sell such estate, or any part of it, whenever they should see fit, with authority also to lease the same for a life or lives or for years, and to invest the monies arising from the sale or the leasing, in bonds and mortgages, or in stocks, and to change the investment as often as they should see fit. The will also directed the trustees to divide the trust estate, and the proceeds and income thereof,…
1Opinion of the Court
Jewett, Ch. J.
The principal question made on the argument was, whether the Surrogate’s Court had jurisdiction to compel an account and payment against the executor of the proceeds of the real estate sold by him under the power contained in the will of -his testator and of the rents and profits of such real estate received by him before such sale under it.
In behalf of the appellant it was insisted, that that Court did not possess any jurisdiction over the subject, tfnless it was derived from 2 R. S. 110, § 57, which provides that where by any last will, a sale of real estate shall be ordered…
2Cited by40 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Lent v. . HowardNew York Court of Appeals · 1882
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- Riggs v. . CraggNew York Court of Appeals · 1882
- Hood v. . HoodNew York Court of Appeals · 1881
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