Sarah Kinnier, Respondent v. William C. Rogers, Appellant

Summary

The Court held that the executors of David Sampson’s will possessed a valid general power of sale over the residuary real estate, and that this power did not charge the property with payment of the debts and legacies, allowing the executors to convey good title to the plaintiff. The Court affirmed the General Term’s judgment in favor of the plaintiff. Justice Lott, in a concurring opinion, reiterated the validity of the power of sale and agreed with the majority’s result.