New York Court of Appeals

Henry A. Mott, as Administrator v. Warren Ackerman, Appellant

June 5, 188392 N.Y. 539

Summary

The Court affirmed the lower court's judgment, holding that the father's will granted the daughters a power of appointment over the fee simple remainder, that the phrase “upon such trust” does not limit that power, that the unmarried daughter's will validly exercised the power and did not unlawfully restrict alienation, that the executors' power of sale was imperative and not limited by a three‑year deadline, and that the administrator with the will annexed may convey the deed after the executor's death.