Rickey v. Landon

Appellate Division of the Supreme Court of New York

Rickey v. Landon

248 A.D. 845, 291 N.Y.S. 125, 1936 N.Y. App. Div. LEXIS 7590

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1936·Published

Opinion

Appeal from the denial of the defendants’ motion to dismiss the complaint in a partition action upon the ground that it does not state a cause of action. The power of sale contained in the will was not mandatory and imperative. Order unanimously affirmed, with ten dollars costs and disbursements, with leave to defendants, appellants, to answer within twenty days from the service of a copy of the order to be entered hereon. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.

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Appeal from the denial of the defendants’ motion to dismiss the complaint in a partition action upon the ground that it does not state a cause of action. The power of sale contained in the will was not mandatory and imperative. Order unanimously affirmed, with ten dollars costs and disbursements, with leave to defendants, appellants, to answer within twenty days from the service of a copy of the order to be entered hereon. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.

Rickey v. Landon, 248 A.D. 845, 291 N.Y.S. 125, 1936 N.Y. App. Div. LEXIS 7590 (N.Y. Ct. App. 1936).

Pincite

248 A.D. 845 (Rickey v. Landon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.