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Lane v. Myers

154 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1915-07-30 English

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p. 1129
LANE, Appellant, v. MYERS et al., Respondents.
(Supreme Court, Appellate Division, Second Department
July 30, 1915.)

Headnote

Action by Margaret Lane against Edith A. Myers, individually and as executrix, etc., of Mary Jane Topping, deceased, and another.

Judgment reversed, with costs; and upon the facts found by the trial court the conclusion of law is made here that the deed by the executrix defendant to the other defendant, her son, in part payment of her individual indebtedness to him, was constructively fraudulent and unauthorized by the power of sale in the will, and therefore must be set aside as invalid; and that judgment in favor of the plaintiff and against the defendant" accordingly, with costs and disbursements, be directed.