In re Estate of Bellesheim
New York Surrogate's Court
On motion to compel a purchaser of land to comply with terms of sale. Pursuant to a decree to that effect; David Cromwell, a freeholder appointed for the purpose, duly sold one of several parcels of the real estate of Joseph Bellesheim, deceased, for the payment of his debts, to Edward Lestrange Phipps, in February, 1888, for the sum of $1,380, of which sum the purchaser paid 10 per cent., in compliance with the terms of sale.
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On motion to compel a purchaser of land to comply with terms of sale. Pursuant to a decree to that effect; David Cromwell, a freeholder appointed for the purpose, duly sold one of several parcels of the real estate of Joseph Bellesheim, deceased, for the payment of his debts, to Edward Lestrange Phipps, in February, 1888, for the sum of $1,380, of which sum the purchaser paid 10 per cent., in compliance with the terms of sale. In March following, on notice to the proper parties, a decree was duly entered confirming the sale. Subsequently, on being tendered a proper deed of conveyance of the…
1Opinion of the Court
Coffin, Surrogate. I cannot divest my mind of the conviction that this court has no power to entertain and determine the question here presented. It was so held in the case of Wolfe v. Lynch, 2 Dem. Sur. 610, where reasons were given at length. That decision was reversed at general term; the opinion on reversal being reported in 33 Hun, 309. Nothing to alter the views expressed by this court is uttered in that opinion. There is, however, this distinction between that case and the present one: there the application was made by the purchaser; while here, by the petitioner. Surrogates’ courts…
2Cases cited8 opinions
- McCartee v. CamelNew York Court of Chancery · 1846
- Eagle's CaseNew York Surrogate's Court · 1856
- Parr v. President & Trustees of the GreenbushNew York Court of Appeals · 1878
- King v. PaddockNew York Supreme Court · 1820
- Board of Water Com. of Cohoes v. . LansingNew York Court of Appeals · 1871
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3Cited by12 opinions
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- Hunter v. CunningOregon Supreme Court · 1945
- In re the Estate of WebbNew York Surrogate's Court · 1923
- Obecny v. GoetzAppellate Division of the Supreme Court of the State of New York · 1907
- Gravet v. GonsoulinLouisiana Court of Appeal · 1929
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