New York Court of Appeals
Thomas E. Greenland, Appellant v. John A. Waddell, Respondents
October 8, 1889116 N.Y. 234
Summary
The Court of Appeals held that the will of Agnes Boerum effected an equitable conversion of her real estate into personalty, that the provision for Mrs. Bush's children violated the statutory limit on suspension of ownership, and that the power of sale remained with the executors, not the appointed trustee. Consequently, Mrs. Bush acquired the entire beneficial interest and her deed to the plaintiff conveyed good title to the one‑third interest, and the lower court's order was reversed and the trial judgment affirmed.