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Waldron v. Schlang

Court of Appeals of the State of New York
Jun 4, 1889
113 N.Y. 665 (N.Y. 1889)

Summary

In Waldron v. Schlang, 47 Hun (N.Y.), 252, it was held that where a testatrix empowered her executor, at any time within five years, to sell all her estate, both real and personal, and divide the same into equal portions, to be paid to certain legatees, such power to sell did not become inoperative by the lapse of the five years without its exercise, and that sale made by the executor after the expiration of that time passed a valid title to the property to the purchaser.

Summary of this case from Stork v. Merchant

Opinion

Argued April 22, 1889

Decided June 4, 1889

James M. Baldwin for appellant.

John K. Van Ness for respondent.


Agree to affirm; no opinion.

All concur.

Judgment affirmed.


Summaries of

Waldron v. Schlang

Court of Appeals of the State of New York
Jun 4, 1889
113 N.Y. 665 (N.Y. 1889)

In Waldron v. Schlang, 47 Hun (N.Y.), 252, it was held that where a testatrix empowered her executor, at any time within five years, to sell all her estate, both real and personal, and divide the same into equal portions, to be paid to certain legatees, such power to sell did not become inoperative by the lapse of the five years without its exercise, and that sale made by the executor after the expiration of that time passed a valid title to the property to the purchaser.

Summary of this case from Stork v. Merchant
Case details for

Waldron v. Schlang

Case Details

Full title:DYCKMAN WALDRON, as Executor, etc., Respondent, v . CHARLES SCHLANG…

Court:Court of Appeals of the State of New York

Date published: Jun 4, 1889

Citations

113 N.Y. 665 (N.Y. 1889)
23 N.Y. St. Rptr. 993

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Stork v. Merchant

In Hale v. Hale, 137 Mass. 168, it is held that, where testator directs that within a year from the time of…